Capability Policy Summary

Parts of the Higher Education (Freedom of Speech) Act 2023 came into effect on 1 August 2025. These strengthen the legal duties of universities in relation to free speech and academic freedom. Regulation of the new duties is undertaken by the Office for Students (OfS), which has published regulatory guidance on the topic.

The University is fully committed to securing and promoting freedom of speech within the law for staff, students and visiting speakers in all activities relating to academic life. The University’s Code of Practice on Freedom of Speech sets out the University’s values, approach and associated procedures in detail.

This policy/guidance/information is currently being reviewed against the OfS’ regulatory guidance. Any amendments arising from the review will be subject to approval being sought through the University’s normal governance processes. In the meantime, this policy/guidance/information is to be interpreted and applied in a manner consistent with the Code of Practice; in the case of any perceived conflict, the provisions of the Code of Practice will take precedence insofar as that is lawful and reasonably practicable.

For further information on the new legislation, please see the Governance and Compliance Division website.

This page provides a summary of the Capability Policy. For full details, please refer to the complete policy on the Capability Policy page.  

What is this policy about? 

Capability refers to an employee's ability to do their job to the standard required.   The Capability policy outlines actions taken if an employee's performance falls below the standards expected.

Who is this policy for? 

The Capability Policy applies to all University employees except for:

  • University Officers whose procedures are contained in Statutes and Ordinances.
  • Employees in their probationary period, where the probationary procedure will apply. 

For employees holding honorary clinical contracts, capability issues will be managed jointly by the University and the relevant NHS Trust.

What do I need to know? 

Setting expectations of performance

An employee needs to understand the standards of performance that are expected of them.  Managers should therefore:

  • Set realistic standards of performance
  • Clearly explain these standards to employees
  • Support employees to achieve the expected standards of performance

Informal process to address performance issues

Managers are responsible for addressing performance issues promptly and fairly.  This should be done informally in the first instance.  A Performance Improvement Plan should be used to document the support measures put in place and timescales for improving performance. 

Formal process

If a performance issue is not resolved at the informal stage, or if informal action is not appropriate, the formal stages of the procedure will be applied.

The formal procedure consists of:

  • Formal stage 1 meeting – where a first improvement notice may be issued
  • Formal stage 2 meeting – where a final improvement notice may be issued
  • Formal stage 3 meeting – where a decision may be taken to:
  • Extend a final improvement notice and set a further review period
  • Consider alternatives to dismissal e.g. redeployment
  • Dismiss on grounds of capability

An employee has a right to be accompanied by a trade union representative or colleague during any of the formal meetings under this procedure. 

Appeals

An employee has a right to appeal against the outcome of the formal stages of this procedure.  

Documents