NHS Blood and Transplant People First

Capability FAQs

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A member of staff tells their line manager that they have the right to be accompanied to the capability meeting. What does that mean?
  • Employees have the right to be accompanied at any stage of the formal procedure, including appeals, by either a staff side representative or full time official of a recognised staff organisation or by a fellow worker who must be an employee of the organisation.
  • If the representative cannot attend on the date proposed for the meeting, then the member of staff has the right to offer a different date (preferably no more than 5 days later than the one suggested).
  • The representative can present the member of staff’s case and respond on their behalf to anything the line manager might say. However, they cannot answer any direct questions that are put to the member of staff.
  • The representative does not have the right to prevent an employee from explaining their case.
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