6. Supporting a member in a formal capability procedure based on “poor performance”

Reps’ caseloads are increasingly taken up with assisting members who face a formal capability procedure for poor performance, and are threatened with dismissal. Even if dismissal can be avoided, a formal performance warning places the member at increased risk of redundancy and usually means the loss of any pay increase.

This chapter summarises the relevant law and includes some practical guidance to help a member to prepare for a formal meeting under a capability procedure.

It can be read in conjunction with other LRD guides, in particular,

• Discipline and grievance – a guide for union reps (2015) www.lrdpublications.org.uk/publications.php?pub=BK&iss=1790

• Unfair dismissal – a guide for union reps (2014) www.lrdpublications.org.uk/publications.php?pub=BK&iss=1746

• Bullying and harassment at work (2015) www.lrdpublications.org.uk/publications.php?pub=BK&iss=1794

• Stress and mental health at work (2016) www.lrdpublications.org.uk/publications.php?pub=BK&iss=1843