Independent decision-making

If capability proceedings get to the stage where a decision about dismissal is about to be taken, an “independent” perspective is needed. At the DWP the decision-maker must be of a senior grade, must be independent, with no previous involvement in the case, and be impartial. The employee must be given at least five working days written notice of the meeting and be advised that they have the right to be accompanied (with a right to postpone for up to five working days if the employee’s chosen companion is unavailable).

The decision-maker will be responsible for:

• checking that a fair process has been followed up to that point;

• deciding, on the balance of probability, whether the employee is capable of achieving satisfactory attendance levels within a reasonable period of time;

• being satisfied that there are no further reasonable steps that, if taken, would enable the employee to return to work/good attendance within a reasonable time-scale;

• being satisfied that dismissal or demotion is a proportionate and appropriate response in the individual circumstances; and

• complying with a guide and checklist, and taking advice from Civil Service HR Casework.