A disabled person is discriminated against if s/he is treated unfavourably because of something arising in consequence of their ability, and the person discriminating cannot show that the treatment is a proportionate means of achieving a legitimate aim (s.15 Equality Act 2010). There is also protection for direct and indirect disability discrimination. The Equality Act 2010 requires the employer to make adjustments” where: “reasonable an employer’s provision, criteria or practices put a disabled person at a “substantial disadvantage” compared with a person who is not disabled; an employer’s premises have physical features which puts a disabled person at a substantial disadvantage; a disabled employee will be put at a substantial disadvantage if they are not provided with an auxiliary aid. Scope of Policy This agreement applies to all who will be employed at [name of employer] General Principles The following principles will apply to this procedure: Problems of poor performance are dealt with quickly and equitably; A full explanation will be to the employee of where they are not meeting the required standard. An employee has the right to be accompanied to any meeting held as part of this procedure by their trade union representative, full-time union official or fellow employee. Documentation involved in this procedure will be treated confidentially and only circulated to those directly involved. When the formal stage of the capability procedure is activated the [Head /Director/Manager] of Human Resources will be involved at every stage to review how the procedure is being followed and offer advice and guidance and make sure that the procedure is being followed fairly. In cases of capability by ill-health the employee needs to inform the employer of their health issues and discuss where their workload and working conditions can be adjusted to accommodate their health issue. Resolving performance issues informally It is the employer’s responsibility to identify any performance issues as early as possible and take steps to resolve these issues informally by providing support and training to enable the employee to meet the standards required. A manager will invite an employee to an informal meeting to discuss the performance issue. The written confirmation must also include date, time and venue of meeting, a copy of this capability procedure and a copy of the employee’s job description.
A disabled person is discriminated against if s/he is treated unfavourably because of something arising in consequence of their ability, and the person discriminating cannot show that the treatment is a proportionate means of achieving a legitimate aim (s.15 Equality Act 2010). There is also protection for direct and indirect disability discrimination. The Equality Act 2010 requires the employer to make “reasonable adjustments” where: an employer’s provision, criteria or practices put a disabled person at a “substantial disadvantage” compared with a person who is not disabled; an employer’s premises have physical features which puts a disabled person at a substantial disadvantage; a disabled employee will be put at a substantial disadvantage if they are not provided with an auxiliary aid. Scope of Policy This agreement applies to all who will be employed at [name of employer] General Principles The following principles will apply to this procedure: Problems of poor performance are dealt with quickly and equitably; A full explanation will be to the employee of where they are not meeting the required standard. An employee has the right to be accompanied to any meeting held as part of this procedure by their trade union representative, full-time union official or fellow employee. Documentation involved in this procedure will be treated confidentially and only circulated to those directly involved. When the formal stage of the capability procedure is activated the [Head /Director/Manager] of Human Resources will be involved at every stage to review how the procedure is being followed and offer advice and guidance and make sure that the procedure is being followed fairly. In cases of capability by ill-health the employee needs to inform the employer of their health issues and discuss where their workload and working conditions can be adjusted to accommodate their health issue. Resolving performance issues informally It is the employer’s responsibility to identify any performance issues as early as possible and take steps to resolve these issues informally by providing support and training to enable the employee to meet the standards required. A manager will invite an employee to an informal meeting to discuss the performance issue. The written confirmation must also include date, time and venue of meeting, a copy of this capability procedure and a copy of the employee’s job description.
Model-Capability-Procedure.docx