Capability meeting (formal stage 1) invite letter template

UK employment law and best practice

This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.

Capability procedures should provide employees with a fair opportunity to understand performance concerns, respond to them and improve where appropriate. ACAS guidance distinguishes capability from misconduct and recommends that employers follow a fair procedure when dealing with performance problems. https://www.acas.org.uk/disciplinary-and-grievance-procedures

Performance and capability

ACAS recommends that employers try to understand why an employee is not meeting the required standard and provide appropriate support and encouragement before moving into formal action where appropriate. https://www.acas.org.uk/improving-performance-and-conduct

A formal Stage 1 invitation should therefore explain the actual performance concerns rather than simply stating that the employee's performance is unsatisfactory.

Evidence and reasonable expectations

The employer should be able to explain the standard expected and provide relevant evidence showing where the employee is falling short. Objectives and performance measures should be reasonable and appropriate to the employee's role.

Clear evidence also gives the employee a meaningful opportunity to respond and helps the employer make a properly informed decision.

Opportunity to respond

A formal capability meeting should allow the employee to explain their position and provide relevant information before a decision is reached. ACAS recommends that employers investigate the facts and give employees an opportunity to respond before deciding what action is appropriate. https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures

The invitation should therefore make clear that no final decision has been made before the meeting.

Right to be accompanied

Employees have a statutory right to be accompanied at a disciplinary hearing where the meeting could result in a formal warning or other disciplinary action, subject to the statutory conditions. ACAS explains who may act as a companion and how the right operates. https://www.acas.org.uk/disciplinary-and-grievance-procedures

Employers should also check their own capability policy, as it may provide a contractual or policy-based right to accompaniment that is wider than the statutory minimum.

Disability and reasonable adjustments

Poor performance may sometimes be connected to a disability. Under the Equality Act 2010, employers may have a duty to make reasonable adjustments where a disabled employee is placed at a substantial disadvantage. ACAS recommends considering whether disability may be affecting performance and whether reasonable adjustments are appropriate. https://www.acas.org.uk/reasonable-adjustments

This can include adjustments to working arrangements, equipment, duties, training or performance-management processes, depending on the circumstances.

Improvement and support

Where performance can reasonably be improved, good practice is to give the employee a clear understanding of what needs to change and provide appropriate support. An improvement plan can set out the required standard, measures, support and review dates.

The employer should also consider the employee's role, length of service, previous performance, training and any relevant circumstances when determining what improvement period is reasonable.