Performance Management – Legal Framework (1)
First question: is it “capability” or is it “conduct”?
- Poor performance can be either be because of:
- effort; or
- skills and ability
The potentially fair reason:
- (Mis-)conduct is for deliberate lack of effort
- SOSR for poor relationships with colleagues
- Capability (as distinct from qualifications) is for lack of skills and ability
Unless there is wilful poor performance the procedure to follow (in a disciplinary/capability procedure) is the same. We will look at capability.