Capability meaning

This flowchart outlines the steps an employer should take once a performance or capability concern is identified, including collecting key documents such as the contract of employment and appraisal records, considering mediation, appointing who will carry out performance monitoring, arranging informal and then formal meetings, deciding on dismissal or another sanction, and overseeing the appeal stage. Click below to view or print the full-size PDF version: Note 1—identifying whether there is a performance issue If an employee’s output falls short of the required standard, the employer may choose to address it under its performance procedure. For an example procedure, see Precedent: Policy and procedure—performance and capability. A clear distinction should be drawn between misconduct and underperformance. Where conduct is the concern, a disciplinary process is the correct route—see Practice Note: Managing performance—Dealing with poor performance. Before commencing any formal action, review the terms of the employer’s performance procedure and check, for example, whether specific time periods are required between each stage...

For further information about the responsibilities of the contractor and the principal contractor, consult: Construction (Design and Management) Regulations 2015, SI 2015/51 (CDM Regs 2015) HSE Guidance on the Construction (Design and Management) Regulations 2015 CONIAC Industry guidance for Contractors CONIAC Industry guidance for Principal Contractors Practice Note: CDM Regulations 2015—the role of the contractor and principal contractor Duties of all contractors A contractor must: confirm, prior to taking on the appointment, that it possesses the necessary skills, knowledge and experience and, where it is an organisation, the organisational capability, to discharge its role in a way that safeguards the health and safety of anyone impacted by the project before starting work, ensure the client is aware of their duties under the CDM Regs 2015 (see Practice Note: CDM Regulations 2015—the role of the client) ...

This flowchart outlines the steps in a disciplinary process addressing suspected employee misconduct: from fact-finding into the allegation(s), through holding a disciplinary meeting and deciding any sanction, to administering an appeal. Click below to open or print the full-size PDF version: Note 1—dealing with an allegation of misconduct When assessing whether the matter amounts to possible misconduct, it may also be necessary to examine the employee’s contract, the employer’s staff handbook and any other applicable policies or procedures beyond the disciplinary/dismissal procedure, for example an equality/equal opportunities policy or an expenses policy. Remember that a situation that initially appears to be misconduct could instead be a performance or capability issue. See Practice Note: Managing conduct—Dealing with conduct issues. Where a conduct issue arises, the first step is to investigate promptly and without undue delay to establish the facts of the case. Note 2—using mediation In appropriate circumstances, mediation may be considered as part of, or in parallel with, the disciplinary process. If both parties agree to...

Checklist This checklist outlines the principal matters to consider when preparing or assessing an outsourcing agreement. It addresses central legal, regulatory and practical questions that arise in outsourcing arrangements, while excluding sectors that carry bespoke regulatory regimes, such as health or financial services. For overarching guidance on outsourcing, consult Practice Note: Outsourcing—key terms. For discussion of negotiation points you are likely to encounter, see Practice Notes: Negotiation guide—services agreements and Negotiation guide—IT contracts. As you progress through the checklist, the third column can be used to capture observations or comments as each point is considered... Further information Notes (if any) Initial considerations What is the customer’s main reason for outsourcing? Knowing the driver—e.g. cutting costs, enhancing service quality, or obtaining a function the customer lacks the capability to deliver internally—will help. Also think about the breadth of the outsourcing, whether a service improvement mechanism is desired, and if value for money will be tested by benchmarking (see below)... Confirm whether any existing...

In this issue: Key developments and materials Electricity and gas market regulation and licensing Renewable energy Conventional power, waste to energy, biomass, and CHP projects International energy Daily and weekly news alerts New and updated content Dates for your diary Trackers New Q&As Key developments and materials DBT publishes UK’s critical mineral strategy The Department for Business and Trade (DBT) has released a suite of resources setting out the government’s plan to secure supplies of critical minerals for UK industry and energy security. The Resilience for the Future policy paper explains that the UK will speed up growth of domestic capability, work with international partners, and strengthen global markets so they are more responsive, transparent, and responsible. See: LNB News 10/05/2024 31. Electricity and gas market regulation and licensing Ofgem launches BAT consultation Ofgem has opened a consultation on lifting the current prohibition on acquisition-only tariffs (BAT). The ban was...

What is the background to the call for evidence? Following Chancellor of the Exchequer Jeremy Hunt’s Mansion House address the night before, the DWP launched the call for evidence. Issued in tandem with several other DWP publications, these materials covered a broad spread of topics affecting UK pension schemes. Their shared aim was to boost investment in UK productive finance whilst shielding members’ benefits and giving precedence to a resilient, diversified gilt market. The Chancellor characterised the proposals across the various papers as the ‘Mansion House reforms’. The DWP placed the Response alongside further papers pertinent to DB pension schemes, including: the Autumn Statement 2023, which confirms that the Government will reduce the authorised surplus payments charge, currently payable on a return of surplus to a scheme employer, from 35% to 25% from 6 April 2024; and Call for evidence outcome: Pension trustee skills, capability and culture What was the outcome? ...

In this issue: Horizon scanning Recruitment Public sector Pay Tax Protected characteristics Equality of terms (equal pay) Whistleblowing Employee duties and restrictions on competition Unfair dismissal Employment Tribunals Dates for your diary Trackers New Q&As Employment resources on Lexis+® LexTalk®Employment: a Lexis®Nexis community Daily and weekly news alerts Horizon scanning Government U-turns on day-one unfair dismissal rights and announces compensation cap ‘will be lifted’ On 27 November 2025, the Department for Business and Trade (DBT) confirmed that, following a round of ‘constructive conversations’ with trade unions and business representatives, the discussions settled on a ‘workable package’: shortening the unfair dismissal qualifying period from two years to six months, while preserving existing day-one protection against discrimination and for automatically unfair reasons for dismissal. To reinforce these safeguards, the government further pledged that any alteration to the unfair dismissal qualifying period will only be possible through primary legislation,...

Data security sits at the heart of the EU General Data Protection Regulation (EU GDPR). The sixth data protection principle—integrity and confidentiality—requires you to adopt suitable technical and organisational measures so that personal data is processed with appropriate security, including: protection against unauthorised or unlawful processing accidental loss, destruction, or damage This Practice Note reflects Data Protection Commission (DPC) guidance on personal data breaches under the EU GDPR, and also draws on guidance from the European Data Protection Board (EDPB). Data security requirements Article 32 puts practical detail behind the GDPR’s integrity and confidentiality principle. You must implement appropriate technical and organisational measures to achieve a level of security proportionate to the risk, taking into account: the nature, scope, context, and purpose of processing the risk of varying likelihood and severity for the rights and freedoms of data subjects Where appropriate, your security measures should include: the pseudonymisation and encryption of...

ARCHIVED: This Practice Note has been archived and is not maintained. The nature of reform and recurrent trends Reform is simply a means to an end—altering Civil Service structures and processes so it works more effectively. The case for reform has remained as steady as the frequency of initiatives. Over the last 40 years, major reforms have addressed one or more of six themes: efficiency and performance size, structures, functions delivery and customers markets and new business models policy-making staffing, skills and capability Across those decades, some clear tendencies have emerged: reduced confidence in sweeping structural change, such as enlarging departments or shifting functions a much stronger emphasis on customers and citizens greater use of markets and privatisation—the UK is an international outlier in its reliance on the private sector and alternative business models fresh thinking about whole systems and business models Progress within these themes has not...

In Scotland, the Crown Office and Procurator Fiscal Service (COPFS) is under a duty to reveal all material in its possession to the defence. This obligation to disclose applies to prosecutions under both summary and solemn procedure. For an overview of criminal investigation and prosecution policy in Scotland, see Practice Note: The investigation and prosecution of criminal offences in Scotland. For details on summary procedure in Scottish criminal proceedings, see Practice Note: Summary procedure in Scottish criminal proceedings and Scottish summary criminal procedure—flowchart. For information on solemn procedure in Scottish criminal proceedings, see Practice Note: Solemn procedure in Scottish criminal proceedings and Scottish solemn criminal procedure—flowchart. Background The Crown’s requirement to provide the defence with all material it holds arises from the accused’s right to a fair trial under Article 6 of the European Convention on Human Rights. The scope of the Crown’s disclosure duty was first defined in McLeod v HM Advocate. The Crown’s responsibilities were then refined by a series of rulings from the Judicial Committee...

1 Pricing governance and policy analysis 1.1 Questions This pricing capability analysis allows us to rigorously examine our pricing capability and resourcing to pinpoint opportunities for enhancement. Scoring should be frank and mirror the current reality, not our preferences or what we think it should be. Question statement Score: 10 = strongly agree; 1 = strongly disagree Comments An effective pricing partner/manager/director holds clear, recognised accountability for all pricing matters. Our pricing committee operates effectively. Pricing policies, processes and practices are well developed, clearly defined and consistently enforced. Pricing policies are applied even‑handedly across the firm, covering partners as well as non‑partners. There are robust controls over write‑offs made by partners. There are robust controls over write‑offs made by non‑partners. Fee rate discounts approved by partners are subject to strong controls. Fee rate discounts approved by non‑partners are subject to strong controls...

Note: this letter is prepared in broad terms without reference to any particular scenario. You should adapt the letter where you are advising on an identified employee and the specific facts. Where the employer operates its own performance and capability procedure (or a disciplinary process addressing inadequate performance), you must refer back to that policy throughout the letter, linking each stage of the process and any time limits set within it. You may discover that the employer’s procedure requires additional warnings or imposes other steps. This letter proceeds on the basis that performance review periods will be shorter than the duration of any warnings issued. Ensure cross-references appear at each stage and that all stated deadlines are meticulously observed throughout the procedure. [ name and address of client ] Dear [ name ] Performance and capability procedure I write to outline my advice on running a performance and capability process for an employee whose performance falls below the required standard. The principal legal exposure, if the...

Insert in para 8.2 of claim form ET1: The Claimant served with the Respondent as a [ insert job title, eg ‘paralegal and then as a trainee solicitor’ ] commencing on [ insert start date of employment, eg 6 September 2021 ] and continuing until [ his OR her OR their dismissal on [ insert date, eg 31 March 2024 ] ]. The Respondent is [ insert brief description of the nature of the Respondent, eg ‘an international law firm’ ]... [ The Claimant alleges that the Respondent subjected [ her OR him OR them ] to [ a course of ] discrimination, harassment and victimisation, which encompassed [ his OR her OR their ] discriminatory and unfair dismissal. ]... Disability The Claimant lives with [ insert details, eg ‘clinical depression and severe dyslexia’ ] and was, throughout the relevant period, a disabled person [ owing to each of these impairments ] for the purposes of section 6(1) of the...

You may wish to consider separately: the implied term the fairness of a dismissal which prejudices Permanent Health Insurance (PHI) rights, under the statutory law on unfair dismissal Where PHI benefits depend on employment continuing, the High Court has implied a term preventing dismissal during incapacity, save for summary dismissal (gross misconduct) or another compelling ground (eg redundancy). In Briscoe v Lubrizol, the Court of Appeal signalled a broader carve-out, permitting dismissal for ‘reasonable and proper cause’. Even so, such a term is not always to be implied. In Lloyd v BCQ (EAT) no implication was made where: a later written contract omitted any reference to the PHI scheme and contained an entire agreement clause there was, overall, no contractual entitlement to scheme benefits the contract expressly permitted dismissal for prolonged illness For more detail, including reconciling Briscoe and Lloyd, see Practice Notes: Dealing with long-term or chronic sickness—Consider any Permanent Health Insurance (PHI)...

Section 2 of the Mental Health Act 1983 (MeHA 1983) Under MeHA 1983, s 2 permits a person to be taken into hospital and kept there once an application for admission for assessment has been properly and lawfully made, the aim being to evaluate their mental health. MeHA 1983, s 3 in turn authorises admission to hospital and continued detention where an application for admission for treatment has been successfully made. The Mental Capacity Act 2005 (MCA 2005) sets out a number of governing principles which are to be appropriately applied for the purposes of that Act, in connection with its application...

This Q&A focuses on public procurement under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 As a general principle, the PCR 2015, SI 2015/102 affords bidders considerable latitude to shape bid partnerships and supply chain models to suit their approach. Under PCR 2015, SI 2015/102, reg 63(1), tenderers can draw upon the resources of other organisations to satisfy selection requirements covering economic and financial standing, along with technical and professional capability. A limited carve-out appears at PCR 2015, SI 2015/102, reg 63(7), which permits contracting authorities to stipulate that specified ‘critical tasks’ in a public services or public works contract must be carried out by the prime contractor, or by one from a consortium of primes. Put differently, suppliers are, in most cases, free to deploy their chosen subcontractors when delivering a public contract. That said, this is subject to any express exclusion within the tender documents that rules out the use of third parties for particular functions...