Dismissal on Grounds of Capability

The word “capability” is defined as meaning capability assessed by reference to skill, aptitude, health or any other physical or mental quality, and hence a dismissal under this heading can cover:-

• Poor performance.
• Repeated short term absence.
• Long term absence

In respect of a proposed dismissal on the grounds of POOR PERFORMANCE the employer should:-

Ensure that the employee has been given adequate training and supervision in respect of the performance expected, and that he or she fully understands the nature of the job.

Draw to the attention of the employee, first in an informal manner, the ways in which his or her performance is judged to be unsatisfactory. Keep a record of this and all other examples of poor performance, and a record of the employer's actions in attempting to rectify the situation in the past.

Ensure that the employee then has sufficient time in order to improve his or her performance, and place the employee under the direct supervision of another employee who is competent and experienced in the post and its duties, if at all possible.

Give the employee an opportunity to explain his or her side of things, and assess his or her performance at regular intervals.

If the required standard of performance is still not achieved, a formal warning should be given in writing, emphasising that a failure to improve and maintain the performance of the job could lead to a dismissal.

Consider whether the employee is really in the right job, and if you decide that the employee probably is not in the right job, think about whether you can offer any suitable alternative work if this is available.

If there is still no improvement after a reasonable time, issue a final written warning which states clearly that the employee will be dismissed if there is no improvement within a defined period of time.

If the improvement is not made after the final warning and a reasonable period of time, then the employer should dismiss, with proper notice given, and the reasons for the dismissal given in writing.

It is not possible to lay down exact rules as to what should constitute a “reasonable” period of time for these purposes. The more senior the employee the shorter the period however as a rule of thumb the 2 month period is normally required. The employer should ensure that the employee is given a fair chance to improve without being allowed too long a period which might negate the impact and effect of the written warnings.

Regarding a proposed dismissal on the grounds of LACK OF QUALIFICATIONS, the employer should:-

Check back to the employee's selection to ensure that the required qualification was a prerequisite for the job, and was stated as being possessed by the employee.

If the employee has deceived the employer, and the signed statement on the employee's application form is consequently false, the employer should convene a disciplinary hearing immediately at which the matter can be discussed, and if no satisfactory reasons are given, the employee may be dismissed.

If it becomes necessary for the employee to have certain qualifications after the start of employment, the employer cannot dismiss the employee for not holding the qualification, and should either consider assisting the employee to obtain the qualification, or attempt to re-locate the employee to a post where the holding of the qualification is not required.