BTC Code of Conduct and Ethics Booklet V5.0 Page 15 of 33 Dec 2023 4 PRINCIPLES a) To ensure that staff know what performance standards are expected of them. b) To ensure that performance standards are reasonable and achievable. c) To primarily help and encourage employees to improve unsatisfactory performance. d) To provide appropriate development, training and support. e) To ensure that a fair and structured process is applied consistently, that the employee’s feedback is taken into consideration and that any formal steps taken are confirmed in writing clearly stating a right of appeal. f) An employee has the right to be accompanied by an agreed advocate (work colleague) at any formal capability meeting. g) To ensure that matters are dealt with as quickly and reasonably as possible and that appropriate confidentiality is maintained. h) Not to discriminate against any individual in the application of this policy and procedure on the basis of any protected characteristic or other grounds protected in law. 5 WHAT COULD CONSTITUTE A CAPABILITY MATTER? A capability issue may arise when standards and expectations are not being satisfactorily met e.g. an employee is failing to carry out their responsibilities or duties in a satisfactory manner because of a lack of ability. Capability issues may arise due to lack of knowledge or experience, an inability to adjust to changes in work practices, an inability to cope with workloads or timescales. In all these cases there must be factual information to support these concerns which clearly demonstrate that acceptable standards of performance are not being met and that the employee should reasonably have known what was expected of them. Consideration must always be given to the level of training and support that has been given and also whether there may be any underlying health issues or concerns outside of work that may be affecting the employee. 6 FAST TRACK CAPABILITY CASES 6.1 Particularly serious cases of incapability may be fast tracked e.g. where it becomes clear that an acceptable or appropriate level of improvement is beyond the ability of the employee, where there is a lack of co-operation with suggested methods to achieve improvement or where the unacceptable performance is so serious in terms of impact on students and services that it warrants immediate and fast action. 6.2 In these circumstances the formal process of the capability policy and procedure will be implemented, and a final written improvement notification issued if appropriate. This must be followed by a period of performance monitoring and will be followed by a Stage 3 (final stage) hearing where insufficient improvement has been achieved. This may result in dismissal. Advice from senior management should be sought before any fast track action is taken. 7 INFORMAL ACTION The employee should be made aware that there are concerns about their performance at an early stage, informed of the detail of the concerns and provided with constructive advice and support to assist in addressing those concerns. The employee should have the opportunity to respond to the issues raised. Reference should be made to 1-1 notes where concerns have previously been highlighted and the employee should be provided with examples of where their training or work has not met a satisfactory standard. Specific actions including training
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