<p> DEPARTMENTAL LETTERHEAD TO BE USED</p><p>This is a template letter only and should be changed as necessary to reflect the circumstances of the individual case.</p><p>STRICTLY PRIVATE AND CONFIDENTIAL [Add Name] [Add address line 1] [Add address line 2] [Add address line 3] [Add Post code] </p><p>[date Month Year] </p><p>Dear [Add Name]</p><p>Outcome of capability hearing</p><p>I write to [*advise of/confirm] the outcome of the capability hearing that you attended on <Date>, arranged to discuss the issues outlined in the earlier letter dated <date>. </p><p>The hearing was held in accordance with the University of Sheffield’s Capability Procedure, a copy of which is has previously been provided to you. The Panel comprised of <names/title/departments>. *<Specify names/designations of any others present and their reason for attendance, depending on the circumstances of the case e.g. HR Support, note-taker, witnesses etc.>. </p><p>Having been invited to bring a companion, i.e. a trade union representative or a work colleague to the hearing you [*choose not to do so/were accompanied by <name/department/TU>]. </p><p>Preliminary Matters (if applicable) Insert a paragraph detailing any requests to delay the hearing, reasonable adjustments to the process etc. and the panel’s response to such requests, including the factors they took into account when considering such requests. Also confirm receipt of any information/documentation from the employee, where relevant.</p><p>Consideration Insert a section summarising the main points of discussion at the hearing and factors considered by the panel in reaching their decision. This should include:  the standard of performance expected,</p><p> how the staff members performance is below the required standard i.e. the nature of the performance concern(s)/shortfall discussed, </p><p> the actions/support already considered/implemented and their impact on addressing the issue(s), </p><p> what is expected from the employee to bring their performance back to the required standard and any reasonable interventions or support to be implemented to enable the employee to remedy the situation, (targets should be SMART),</p><p> impact of the performance concern(s) on the department/colleagues/service provision noting any particular risk/prejudice to the business. Also summarise the employee’s own case; including any discussions exploring the possible reasons for the underperformance and whether they put forward any special circumstances/evidence/information/options that required further consideration and the outcome of this consideration. </p><p>Decision Insert a paragraph advising of the panel’s decision and any subsequent formal remedies/actions. For example: It was the decision of the Panel that there was clear evidence to indicate that even with the previous support and intervention detailed above your performance remains below the defined standards required. Taking these matters individually and as a whole the panel decided to <identify level of improvement note/warning/outcome> in line with the University’s capability procedure.</p><p>[Use the below where an improvement note/warning is issued] The <specify level of improvement note/warning> is effective from the date of the hearing. It will be placed on your personnel file, but will be disregarded for capability purposes at the end of a <number of months> assessment period, subject to achieving and sustaining satisfactory performance.</p><p>This assessment period may be extended or further formal action considered <specifying potential next level of action> if it is determined that you have not fully demonstrated a continuous and sustained improvement in performance during the period defined above.</p><p>Improvement Note: Insert a section detailing the aspects of the role requiring improvement; the improvements required, how these will be monitored; any intervention and/or support to be maintained/implemented to support the employee in meeting these expectations; the timescales for the improvement; period of review (including when, how often and how long review meetings will take place); and who else shall be involved. </p><p>For example: ‘I explained that the level of performance required and agreed objectives were: <specify>. To undertake this we explored the different support and monitoring that could be put in place and agreed on the following programme for the next XX weeks: <specify>. We set up a formal evaluation meeting on <DATE> at <TIME> at <VENUE>, to review whether this has been successful. During such review meetings you are welcome to bring a companion to this meeting to support you.</p><p>OR – where the panel determine that it is more appropriate to generate the details for improvement note outside of the hearing insert a paragraph advising of this, including how it will be generated and when you anticipate being able to provide this.</p><p>I appreciate that this may be a difficult time for you, and may I therefore remind you that there are a number of sources of confidential support are available to you if you wish to use them, further details can be found at: http://www.shef.ac.uk/hr/wellbeing/supportsources.</p><p>Appeal You have the right to appeal this decision, (please see ‘Appeals’ section of the Capability procedure for further details including examples of relevant grounds for appeal). </p><p>Should you wish to exercise this right you should do so in writing within 7 calendar days of receipt of this letter, clearly stating the grounds upon which you wish to do so. Please address your letter to <HR Contact> in Human Resources, at Firth Court, Western Bank, Sheffield, S10 2TN. It will be your responsibility to state your case and bring to the attention of the Panel all relevant documentary evidence that should be considered. The decision of an appeal panel is final. </p><p>Insert a final paragraph where you may consider finishing the letter on a slightly more positive note dependent on the level and seriousness of offence/outcome, including indicating the importance of reaching and maintaining standards of performance.</p><p>Yours sincerely</p><p><Name/Title of Chair of Panel> Department Enc: </p><p>Cc: <HR Contact></p>