Capability procedure


5 minutes to complete

For organisations wanting a simple capability policy confirming how unsatisfactory performance will be dealt with. This policy is not intended to be used to manage employees’ acts of misconduct. You can purchase our Disciplinary Policy for this purpose.

Is this right for me?

This document is right for your organisation if:

  • You do not currently have a capability policy in place;
  • You have (or will be) purchasing our disciplinary policy.

This document is not right for your organisation if:

  • Your contract of employment states that your capability policy is contractual;
  • You wish to change an existing capability policy;
  • You do not have (and are not intending to recruit) any employees.

What you'll need…

What do I need before I start?

If you do not have a contract of employment and a disciplinary policy in place we suggest you purchase ours before you move on to purchasing this policy.

Remember: If you don’t have everything you need you can make a start, save the information and return to complete the form another time.


Q: What is the process?
A: Once you have logged in and paid for the form you will be asked a series of questions. These questions help us to create exactly the right document for you. There is lots of information to help you. Once you have finished the document it will be emailed to you with more instructions about what to do next.

Q: What if I don’t have time to complete the form?
A: If you don’t have all the information you need or if you get interrupted you can save the information you have inputted and return to the document later.

Q: What if I want more information about employment issues?
A: You may find some of the other resources on Bates Wells Get Legal helpful, there are employment documents such as a grievance policy and a disciplinary policy as well a volunteer agreement. If you would like advice on a more complex employment contract, or want more specific advice about your organisation’s circumstances, please contact Bates Wells at or 020 7551 7777 and a member of our legal team will be able to give an estimate for providing bespoke advice.

How it Works

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    Select a legal document you need from our library.

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    Answer some simple questions on your organisation.

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    Your customised PDF document is emailed to you.