STRICTLY PRIVATE & CONFIDENTIAL
[Recipient's name & address]

Dear <Title, Surname>

Invite to Stage Three Hearing

Following the final review meeting for Stage Two chaired by<Name>, <Job Title> a decision was taken to progress to the Stage Three of the NHSScotland Capability policy. I am writing to inform you that a formal Hearing under Stage Three will be held on:

Date: <Date – at least 14 days in advance>
Time: <Time>
Location: <Location>

I have been asked to chair the Hearing and will be supported by <Independent Manager>, <Job Title> and <Name of HR representative>, <Job title>. There may also be a note taker in attendance at the hearing.

You have the right to be accompanied by a Trade Union Representative or work colleague. If you want to exercise this right it will be your responsibility to make the necessary arrangements.

The purpose of the Hearing is to discuss the following:

• The nature, extent and evidence of the performance concerns and whether such concerns are well-founded;
• Possible contributing factors;
• What action has been taken by the manager and youwith regard to the agreed supported improvement plan;
• Whether there are any further considerations not previously explored which might result in the required improvement being achieved and an extension is appropriate;
• Consideration of the Board’s duties under the Equality Act 2010 where this applies.

If you wish to submit a statement of case, please send it to <Name and contact details of nominated person> no later than 7 calendar days before the hearing. A copy of the management case and your case will be shared with all parties no later than 7 calendar days before the hearing. You are entitled to call any witnesses to support your case;they have the right to be accompanied. You will be responsible for organising any witnesses you wish to attend on your behalf.

At the hearing the management case will be presented by <Name of Stage 2 chair>, <Job Title> who will be supported by <Name of stage 2 HR representative>, <Job title>.
Please confirm your attendance by contacting <Name, job title> on <Tel No> advising of the name and role of anyone accompanying you by <Date>.

I note that a copy of the NHSScotland Capability Policy and Redeployment Policy have previously been sent to you. Should you require further copies of the Capability Policy or Redeployment Policy, they can be found on the Board’s intranet page. Supporting documentation is enclosed for your information

There are three potential outcomes at Stage Three:

• It is considered that you will be able to achieve and maintain the required standard of performance within your current role within a reasonable period of time. In this case a further supported improvement plan should be agreed and implemented as per the earlier stages, with the Stage 3 Hearing being adjourned until an agreed date, for a further review by the same panel.
• It is considered that improvement is not likely to be achieved and maintained, and that permanent redeployment (at the same or lower pay level) is appropriate. If this decision is reached, the Stage 3 Hearing will be reconvened if there is a failure to secure suitable alternative employment in line with the Redeployment Policy.
• It may be determined that you are unlikely to achieve the standards expected of you in your post and that the Board has exhausted all other reasonable options. In this case the decision may be made that there is no alternative but to terminate your contract of employment in line with the NHSScotland Capability Policy.

I would like to take this opportunity to remind you that confidential Occupational Health Service advice is available if you require support with any health issues as a result of the capability process. Details can be found on the Board’s intranet page.

In the meantime, if you have any queries regarding the above, please do not hesitate to contact me.

Yours sincerely,

<Name of Stage 3 Chair>
<Job Title>

CC: <HR>
<Independent Manager>
<Trade Union Representative or work colleague>

Enc <Supported Improvement Plan>
<OHS report/s>
<Any other supporting documentation>