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Capability Policy : Stage 3 re-convened hearing invite letter

Published: 01 March 2020


Version history

Use this letter template at Stage 3, when inviting an employee to a re-convened hearing.

[Recipient's name & address]



Dear <Title, Surname>

Invite to Reconvened Stage Three Hearing

Following the Stage Three Hearing held on <DD/MM/YYYY> it was agreed that we would reconvene in <insert number of weeks/month> to review progress. I am therefore writing to inform you that the reconvened Hearing under Stage Three of the NHSScotland Capability Policy will be held on:

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

As previously, 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 review whether

[insert as appropriate]

<you were able to achieve and maintain the required standard of performance within your current role within the agreed extended timescale.> <You should be aware that in reviewing your capability for this post, I will also consider whether this is relevant in relation to <your bank contract><your other substantive employment with the Board.>


<you have successfully been redeployed.

If you wish to submit an updated 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 updated 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

You should be aware that if it is considered that the Board has exhausted all other reasonable options, a decision may be made 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 Representative
<Independent Manager>
<Trade Union Representative>
<Stage 2 Chair>

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

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Version history

Published: 01 March 2020


1 page [DOC]

This form is used to record areas for improvement by an employee, agreed timescales and support to achieve the required standard of performance.