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.