Part IV: Capability and Performance

SA14. Grounds for action

Action under this Part may be taken in respect of inability to perform some or all of the duties or to comply with some or all of the conditions attaching to the post, or inability to perform those duties or comply with those conditions in a satisfactory or adequate manner.

SA15. Capability and Performance Procedures

The Society shall by Ordinance promulgate procedures on capability and performance, which shall provide:
   (a) for additional support and training where appropriate;
   (b) for less serious matters to be dealt with by notifications of concern or warnings following a fair and appropriate procedure, and for a member of staff to be able to appeal against the imposition of a notification of concern or warning to a person designated by the Society; and
   (c) for more serious matters to be dealt with by a fair and appropriate procedure, which shall include provision for the following:
         (i) fair and reasonable time limits for each stage;
         (ii) investigating allegations of lack of capability or poor performance and dismissing those found to be without substance;
         (iii) a hearing by a panel, authorised by the Master, at which the member of staff shall have been informed of the allegations of lack of capability or poor performance, shall be entitled to be present, to hear the evidence, to call relevant witnesses, and to examine and cross-examine witnesses;
         (iv) appropriate sanctions, which shall include notifications of concern, warnings and dismissal; and
         (v) a right to appeal against the finding of, or outcome imposed by, the panel. An appeal shall not take the form of a re-hearing of the evidence and witnesses may be called only with the appeal panel’s permission.

SA16. Code of Practice

In drawing up the procedures, and in any regulations made or action taken thereunder, regard shall be had to Section 1 of the Code of Practice on Disciplinary and Grievance Procedures (as may be amended or replaced from time to time) issued in September 2000 by the Advisory Conciliation and Arbitration Service (ACAS) and brought into effect by order of the Secretary of State under section 199 of the Trade Union and Labour Relations (Consultation) Act 1992.

SA17. Dismissal

(1) Having consulted the Society, the Master shall give effect to a decision of a panel that a member of staff should be dismissed by issuing a notice of dismissal.
(2) If an appeal panel decides that the member of staff should not be dismissed, the Master shall cancel the dismissal accordingly.