The policies on this website are from phase 1 of the ‘Once for Scotland' Workforce Policies Programme.
Further policies will become available in later phases.

Capability Policy : Stage 3 re-convened hearing outcome letter

Use this letter template at Stage 3, when writing to an employee confirming the outcome of a re-convened hearing.


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

 

 


Dear <Title, Surname>

Outcome from Re-convened Stage 3 Hearing

Thank you for attending the re-convened Stage 3 Hearing on the <DD/MM/YYYY> in <Location>. The hearing was held in accordance with the NHSScotland Capability Policy. The purpose of this letter is to confirm the outcome.

I chaired the Hearing and the Panel consisted of <First Name Surname of Independent Manager>, <Job Title> and < First Name Surname of HR representative>, <Job Title> as previously. I note you were <represented><accompanied> by < First Name Surname >,<Union><Job Title> <I note that you were not represented or accompanied and were happy to proceed on that basis The chair of the Formal Stage 2 process, < First Name Surname >, <Job Title> was also in attendance and supported by < First Name Surname of stage 2 HR representative>, <Job Title>. There was also a note taker in attendance at the hearing.

The purpose of the Hearing was to discuss whether

<you were able to achieve and maintain the required standard of performance within your current role within the agreed timescale.>

OR

<you had successfully been redeployed.>

The outcome from the re-convened Stage 3 Hearing is that

[Delete as appropriate}
<I am pleased to confirm that your performance in your current role has reached a satisfactory standard and therefore you will no longer be managed under the Capability Policy and no further action is required.

Please note, should your performance cause any concern in the future, we may revisit managing your performance under the Capability Policy.>

Or

<You have been successfully redeployed and therefore you will no longer be managed under the Capability Policy and no further action is required.

Please note, should your performance cause any concern in the future, we may revisit managing your performance under the Capability Policy.>

OR

<It has been determined that you have been <unable to achieve the standards expected of you in your post><unsuccessful in securing a post through redeployment> and that the Board has exhausted all other reasonable options>. On this basis I concluded that there is no alternative but to terminate your contract of employment in line with the NHSScotland Capability Policy.

Insert if appropriate

<As previously advised in considering your capability for your post as <job title>, I was also considering whether the capability issues were relevant in relation to <your bank contract><your other substantive employment>. I concluded that <the issues were not relevant to your other role and therefore there is no impact on your other post><the issues were directly relevant to your other role and therefore my decision in relation to this post also applies to your <bank contract><other substantive employment> and your contract will be terminated.>

Having taken into account the details outlined above, I advise that I am dismissing you from your post of <Insert Job Title> on the grounds of capability. On this basis, your dismissal is with notice. You are entitled to <Insert entitlement under contract e.g. four weeks’> notice of my decision to dismiss you. Your last date of employment will therefore be <Insert Date inclusive of notice period> . In addition you are entitled to payment for any outstanding annual leave.

You have the right of appeal against this decision. Should you wish to appeal you should do so, in writing, stating your reasons for appeal to < First Name Surname >, <Address>. Your appeal should be received within 14 calendar days of receipt of this letter.

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

 


Yours sincerely,

< First Name Surname of Stage 3 Chair>
<Job Title>

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

Enc <OHS report/s>
<Any other supporting documentation>
<The Redeployment Policy>

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