Capability Procedure Appendix 2

Appeal at the final stage of the Capability Procedure

One Independent Governor of the University and two others who are either Deans, Directors or other members of the Senior Management Team, nominated by the Director of Human Resources. The Committee will be chaired by the Governor member.

A senior member of University staff, normally from the Human Resources Directorate, who has not previously been involved in the case, will act as Secretary to the Committee.

Procedure

  • The Chair of the Capability Panel will present the findings of the Panel and the reasons for the Panel’s recommendations.
  • The appellant, or his/her representative, will then have the opportunity to present their case and may present further written documentation in support.
  • The members of the Committee may ask questions of the Chair of the Panel and the appellant to satisfy themselves as to the facts of the case and the interpretation to be placed upon them.
  • The Chair of the Panel and the appellant (in that order) may make final submissions, summing up their case. They shall not introduce new evidence at this stage.
  • The committee may, for good reason submitted by either party or at its own discretion, either adjourn or postpone the appeal for such period as it may specify or refuse to allow any one or more witnesses to be called by either party.
  • Prior to resumption any new information will be shared with all parties who will be given opportunity to comment.
  • Where requests for witnesses are refused that decision will be recorded in writing.
  • The committee will deliberate in private and will inform the appellant and the Director of Human Resources, in writing, of their decision within 5 working days.

If significant new evidence comes to light in the course of the hearing, the Committee may instruct the Director of Human Resources to arrange a re-hearing of the case by a differently constituted Capability Panel. This shall take place within 15 working days of the instruction being received by the Director.

If the employee is unable to attend an appeal hearing, the Committee will normally seek to set another mutually convenient date, but may decide, taking account of all the circumstances, to proceed in the employee’s absence.

 

Updated March 2012