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Dismissal Based on Capability






To dismiss an employee on the grounds of capability, you must be able to demonstrate that they cannot do the work that is reasonably required of them. For example, this could be they cannot work to the level of skill required for the job; they cannot carry out certain aspects of their job due to ill health amongst other reasons.

Remember this is not a question of an employee refusing or not wanting to do the work, but they are in a position that they are not capable to complete the work required.

There are a variety of steps you must complete before agreeing to dismiss an employee on these grounds:

Inform the employee in writing that there is a problem and invite them to a meeting to discuss the improvements required. At the meeting identify the areas that need to be improved, agree reasonable timescales and measures to improve these problems and set a sensible review date. You must also inform the employee that this meeting represents the first stage of a formal procedure and failure to meet the agreed improvements could lead to a final written warning and ultimately dismissal. The employee should also be made aware that they may appeal at any stage of the formal process.

At the review date if there is a failure to improve as per the requirements of the initial meeting, repeat the procedure again. This should be repeated until you have exhausted your internal disciplinary procedure through to a final written warning.

At the final review date, if there is still no improvement then the employee can be dismissed.

At any of these meetings the employee has a right to be accompanied by a suitable representative which usually is a colleague or union rep.

All records should be recorded and kept in case of an employment tribunal or appeal.

If you would like more information please give us a call to meet with one of our HR consultants.


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