Capability Policy & Procedure - June 2026

12. Keeping Records

Written records must be kept throughout the process, including:

  • The performance concerns raised with the employee

  • The information or evidence provided by the employee

  • The performance improvement/support agreement

  • The reasons for actions taken

  • Whether an appeal was lodged

  • The outcome of the appeal

  • Any grievances raised during the capability procedure, and

  • subsequent developments

  • A copy of all correspondence relating to the capability investigation, meetings and appeal process, and

  • copies of any formal meetings.

Records should be retained on the employee’s personal file.

Records should be treated as confidential and kept in accordance with the principles of the Data Protection legislation.

If an employee is represented by a Trade Union representative or official, or work colleague, copies of capability meeting notices, meeting notes, response letter, etc. will be sent to that person, unless the employee advises otherwise, in writing.