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Capabilities and priorities policy.


SazzJ
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Thank you Wildflowers.

Goodness, I've never seen anything like that before. So it's about performance management. One aspect I didn't understand was that it said that it didn't form part of the terms and conditions of employment but it then goes on to outline disciplinary, dismissal and appeal procedures. Surely that is part of terms and conditions of employment - that these procedures take place if performance deteriorates.

Where has the need for this policy come from? We have a supervision and appraisal policy, and a disciplinary and grievance procedure. Is that enough??

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I,m just in the process of writing up a supervision policy/procedures which has come about from 'supervising to safeguard' course, might add a couple of lines about performance and leave it that.......can I ask why doesn't it count for someone employed less than year ? We give a 3 month (term) trial period, then if offered contract after that I would expect them to be included as all staff, and I have known people perform brilliantly during trial then ease right of the gas when position secured.

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I found online:

Capability essentially refers to an employee’s skills, ability and knowledge in relation to their job. Where capability is lacking, this usually leads to unsatisfactory or poor work performance. The key features of a lack of capability are that, unlike with misconduct issues, it is not the employee’s fault and is usually outside the employee’s direct control.

It may not always be clear whether poor work performance is due to misconduct or whether it is down to a genuine lack of capability on the employee’s part. Where it appears that poor performance is a misconduct issue, for example, caused by the negative attitude, carelessness, negligence or laziness of the employee, you should follow the disciplinary procedure. The Capability Procedure is intended solely for cases where poor performance is an issue of can’t perform rather than won’t perform, i.e. the employee is simply incapable of fulfilling the tasks and duties expected of them no matter how hard they try! This is why it’s important to conduct an investigation before you decide how to progress the matter - so you can assess the reasons for poor performance. If it’s still not clear, give the employee the benefit of the doubt and proceed under the capability procedure, rather than instituting disciplinary action.

Edited by Wildflowers
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Does anyone have anything around priorities?

 

One staff member has a second job and will often ring me to say she is not coming in as she is needed there! Committee have allowed this but as her new employee I feel she needs to make a decision where her priorities lie as we employ her 8:45 till 12:45 Mon to Fri as outlined in her contract!

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I believe that a discussion needs to be had with any employee who has another job prior to offering her/him a contract and add something to the terms and conditions as it may need to be referred to in the case of a capability procedure getting started. If working with you is the job she/he had first then your setting is the priority, in my opinion. Ours is vulnerable when it comes to staffing, so I've had to give in a bit here and there over the years to keep people and be able to ask them for extra help when there is a crisis.

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Does anyone have anything around priorities?

 

One staff member has a second job and will often ring me to say she is not coming in as she is needed there! Committee have allowed this but as her new employee I feel she needs to make a decision where her priorities lie as we employ her 8:45 till 12:45 Mon to Fri as outlined in her contract!

if her contract states this then this should be what she does. However if she has been allowed to do this how long has this been going on?

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The problems lies in that we are committee run and I have been there 4 years and she started prior to me starting. So as far as it goes we don't know how long it has been allowed for or if it was ever agreed.

 

She did used to bring them into our setting when they were I'll but a stop was put to this by the previous committee.

 

Myself an another staff member are taking over the running of the setting in the next few weeks. We are just waiting for the current committee to sign their paperwork to step down.

 

As we are only a staff team of 3/4 staff so I don't really have many people to fall back on when she is needed at her other job. She has been with her other job 10 years now and us 5 years. I appreciate that she is like a Aunt to them but when she is taking time off to look after the older two who are 13 and 15 I feel it is a bit of a muck take. Surely these are old enough to be left in the house alone for 3 hours until she finishes?

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Their age is irrelevant, that is not your issue.Your problem is: She is employed by you to do a job and quite frankly she isn't capable if she is off doing something else.

You need to find out exactly where you stand here legally. Trying ringing ACAS- I'm sure even if it is a situation that has been allowed to go on over xx amount of years if you give notice of intention that it is having a negative impact on your business (and surely it is) then providing the proper rules are followed it will be fine.

it sounds to me she doesn't take your job seriously and has been allowed to get away with it. Does she get paid when she does it?

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She used to get paid but a stop was put to that about 2 years back. Now as a rule none of us get paid if were off for a dependant. My argument is though that they aren't her dependents. Her mum is as she has been ill with cancer which I let her finish early to attend appointments with her etc but in my eyes the nannying job is just a job!

 

I think I will ring ACAS as were keen to bring in new contracts anyone, in fact we need to as our current ones state we get no holiday pay buts that another issue all together

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Hi there. I phoned ACAS about a similar thing recently and they were really helpful. You can change your staff contracts to include they shouldn't have and second job that is unsuitable or would be detrimental to your employment. A months notice is acceptable..you issue the contract and then 1 month later ask everyone to sign and agree it...if they disagree they have a month to argue it out with you. Good luck, spiral :-)

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