Tackling capability issues

What are capability issues?

Capability issues can be identified with poor performance, but ultimately it relates to someone’s ability to do their job. This is when an individual is lacking the skills or ability to do the role, and/or have an underlying health condition or disability that is preventing them from being effective.

This is different to a disciplinary issue, which would be used for conduct and behaviour issues. It is not always straight-forward to know which procedure is the right one to follow. To decide, ask yourself whether the situation is a ‘won’t do’ situation (Disciplinary) or a ‘can’t do’ situation (Capability).

What is a capability procedure?

A capability procedure is a written procedure which informs your team what standards of work and attendance are required of them. They should be able to access this easily within their staff handbook.

As capability is a legal reason for dismissal, a clear procedure is required so that you can fairly manage any capability issues.

Without this there is a risk that, if brought to a tribunal for unfair dismissal, you may not have the required evidence or have followed the correct procedures for dismissal.

Our HR Support experts will create a Capability Procedure for your business, ensuring you can remain legally compliant.

How to identify capability issues

When someone in your team doesn’t meet the standards set by you, it’s important to investigate what is happening before you take any action.

Our team can help you through this and guide you on following your capability procedure effectively.

Some great questions to consider when trying to identify capability issues are:

• Are they applying their skills and knowledge to the best of their ability?
• Do they have a disability that you are aware of that is affecting their performance?
• Are they engaging in positive dialogue with you about how things can improve?
• Do you think they have the ability to do what you need, but just aren’t putting enough effort into doing it? If yes, then disciplinary is the route to take. 

How we can support you with capability issues

Our team works with thousands of small businesses to ensure they are legally compliant and following correct HR procedures.

We can help you review your policies or create the relevant procedures for you and provide you with actionable advice each step of the way.

Should you experience a capability issue, our HR experts will guide you through the process and advise you on what steps you should take to support the employee in overcoming the challenge and becoming efficient in their role.

We also provide management guides on capability issues, which all of your managers can access to help them through any situation that may arise.