21. Agenda for Chair Holding Capability Appeal Hearing
Use this agenda to make sure that you conduct Capability Appeal Hearings appropriately and address all that you should. The document also serves as a template which you can use to structure your minutes.
Witnesses may be called to the Capability Hearing, by the Employee or the Employer, to clarify information, evidence gathered and statements.
The Employee may confer with their companion (work colleague or trade union official).
The Employee’s companion may question the Chair on the Company’s case
The Employee’s companion may also explain the Employee’s grounds of Appeal on their behalf.
The Chair can ask the Employee to personally answer any questions put to him/her.
Remember that before any capability warnings or dismissals are issued on grounds of incapability, up to date medical advice in a report should be obtained, which includes the prospect of a return to work, and the duty to make reasonable adjustments under the Equality Act should be addressed.