Dismissal

Dismissals on capability grounds

A more sympathetic approach is needed regarding genuine incapability where the employee:

• doesn't have the right skills/aptitude to do the job
• is frequently absent through ill-health

For dismissals based on capability, the new statutory disciplinary and dismissal procedures will apply. Download full details on discipline and grievance statutory procedures from the Acas website (PDF).

Dealing with genuine incapability/illness

Before deciding to dismiss due to incapability consider:

• training to improve their capabilities
• moving them to a suitable alternative position - their consent is required

For cases where employees have a long-term illness affecting their ability to perform, see our guides on how to prevent discrimination and value diversity, how to manage absence and sickness and what to do when an employee leaves through ill health.

Subjects covered in this guide

• Introduction
• Types of dismissal and qualifying periods for tribunal claims
• Dismissing fairly
• Unfair reasons for dismissal
• Avoiding unfair dismissal and the consequences of getting it wrong
• Dismissals on performance grounds
• Dismissals on capability grounds
• Dismissals relating to industrial action
• Notice periods
• Final payments and other matters

 

 Print This Page

Source - Business Link; Crown Copyright.