Key Points
- Capability is one of the potential fair reasons for dismissal.
- In order for the dismissal to be fair, an employer will often have to warn an employee and give that employee at least one opportunity to improve.
- An employer considering a lack of capability or poor performance caused by ill-health must still follow a fair procedure.
- If a lack of capability is caused by a disability, in order to avoid a claim of disability discrimination, steps must be taken to obtain appropriate medical evidence and advice and thought given to making reasonable adjustments.
Current:
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