Capability Dismissal

Capability or Performance related capability dismissal.

Capability, or lack of it, is one of the potentially fair reasons for an employer to dismiss an employee. However, the employer must follow a fair procedure even if you are not meeting your targets.

The capability or performance related dismissal is based on the conduct dismissal, but instead of written warnings the employee is likely to get some kind of improvement notice.

Usually an employer will set targets that have to be achieved over a set period of time, it is important that the employee agrees that those targets are realistic, otherwise they are simply being set up to fail. It is also important that the employee demonstrates legitimate reasons for their failings, if reasons exist. It could be that adverse weather stopped an employee meeting their target or a myriad of other things that are out-with their control.

In most cases an employee, who has at least 2 years service, will be given at least two chances to improve before they are dismissed.

Medical Capability is another reason for dismissal. Employees who hare on long term sick may be asked to provide a report from their GP or consultant or they may be asked to attend with an Occupational Health professional. If an employer gets a report to say that it is unlikely that their employee will be fit to return in the foreseeable future, they may take the decision to dismiss stating that the employee is incapable of fulfilling their contract.

If you are worried that you may be the target of a capability dismissal whether for medical reasons or otherwise you can get in touch with the employment experts at Alpha Law for confidential advice by calling: 0845 070 0505 (Please note: Calls to this number will cost approximately 4p per minute plus your telephone company’s access charge). Alpha Law has offices in Nottingham and Mayfair, London.