Performance Capability Policy

Introduction

Malvern International, including Language in Action, is committed to maintaining high standards of performance throughout the organisation. To achieve this, the company needs employees who are competent in their job roles, have minimal absence and can meet or exceed expectations in terms of performance.

This Policy sets out the process that will be followed where an employee is unable to meet or sustain the required levels of attendance in their job role due to performance capability. The ultimate desired outcome is that the Company can assist the employee in improving their performance, achieve the required standards and be able to sustain that performance.

The Policy does not give contractual rights to individual employees. The Company reserves the right to alter the terms of this Policy at any time although employees will be advised of any changes in writing.

The Policy applies to all employees who have completed their probationary period.

Performance Capability

When concerns regarding an employee’s capability occur, the Line Manager will first establish that:

• There is a genuine belief that the employee is failing to achieve standards of performance.
• The belief is based on reasonable grounds or evidence.
• An investigation to establish those grounds has been conducted.

Informal Procedure

Where there is a decline in performance that is considered minor, the Line Manager will raise and address the issues informally. This may include coaching, on-the-job training or other support measures. Expected standards, improvement timescales and review dates will be agreed.

Formal Procedure

Stage 1 – Performance Improvement Plan

A Stage 1 performance capability meeting will be arranged with the employee.

• Concerns and evidence regarding performance shortcomings will be discussed.
• Expected standards and improvement areas will be clarified.
• A Performance Improvement Plan (PIP) will be completed with clear objectives.
• Improvement periods will normally be between two and three months.
• Additional training, supervision or coaching will be identified.
• Failure to improve may lead to further formal action.

All outcomes and timescales will be confirmed in writing.

Stage 2 – Dismissal or Alternative Action

If sustained improvement is not achieved, or if performance remains grossly negligent, a further formal meeting will be held.

Possible outcomes include:

• Dismissal with contractual notice.
• Redeployment into another suitable role.
• Extension of an active formal caution.
• Agreed contractual variations as an alternative to dismissal.

Any contractual changes require the employee’s written and voluntary agreement.

If no suitable alternatives exist or are accepted, dismissal on the grounds of performance capability may occur.

Considerations

Appeals

Employees may appeal any decision under this procedure within one week of receiving written confirmation.

The appeal hearing may be a full rehearing or a review of the original decision and process. The Company will seek to ensure impartiality and, where possible, use a manager who has not previously been involved.

Following the appeal hearing, the Company may:

• Confirm the original decision.
• Revoke the original decision.
• Substitute an alternative outcome.

The appeal decision is final.

Disabilities

Consideration will be given to whether poor performance may be linked to a disability and whether reasonable adjustments could be made, including changes to duties, additional equipment, training or procedural modifications.

Employees are encouraged to discuss any relevant medical conditions with their Line Manager or HR Business Partner.

Confidentiality

Performance matters will be handled sensitively and confidentially. Employees and witnesses involved must not make electronic recordings of meetings or hearings conducted under this procedure.

Policy Approval