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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44944
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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In supervision yesterday it was mentioned out of the blue that

Customer Question

In supervision yesterday it was mentioned out of the blue that they may go through capability procedure. I was so shocked had received no laetter tht I handed in my notice. Will they continue with this even though with leave my last shift is at theend of the month
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked there for and what are the reasons for the capability procedure exactly?
Customer: replied 1 year ago.

I was TUPED over from one borough for whom I work since 2006, in May 2014 si I guess 9 years

Expert:  Ben Jones replied 1 year ago.
They could continue with the capability procedure whilst you are still employed by them, even if you are working out your notice period. However, whether they can take any formal action really depends on how fast the procedure progresses. For example, if you are on leave and do not have long left working there the employer may not have sufficient time to conduct the relevant meetings and before your employment terminates the process could still be partway through. If that happens then you would still be treated as having resigned and you would not have been dismissed on grounds of capability. Even if the process concludes before your notice has expired and the employer issues you with notice of dismissal, they would still be expected to give you the notice period entitled to under contract. As that would take you over the period during which you remain employed with them once you have served your notice period, the official reason for your termination would still stand as resignation rather than dismissal. So your employer can continue with the capability procedure but there would not really be any repercussions of doing so as your employment would terminate before that by reason of resignation.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.

just one thing would the fact they had done this be on my record. I think it is important that my supervision records have all been fine and it was only the last in July 2015 that gave advice about making sure I was more careful with paperwork/admin. Then I met my supervisor who said they had contacted HR about starting this process but I have received no letter to explain this and no meeting set up. I suppose they could just try and set up a meeting next week but I thought that as I have had no infomral meeting that this has to be the informal part first. Am I right with this?

Expert:  Ben Jones replied 1 year ago.
Is there a specific policy which states an informal meeting must be held first?
Expert:  Ben Jones replied 1 year ago.
Hello, not sure if you saw my follow up query above - Is there a specific policy which states an informal meeting must be held first?

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