Capability Policy and Procedure #3
This policy is one of the main policies governing the employee and employer relationship and ‘capability’ is one of the potentially fair reasons for dismissal under the Employment Rights Act. There is a process to follow which ensures that the reason for a dismissal is fair and also that the fair reason for dismissal has been reached after following a fair process, both of which are key to ensure that there is no claim for unfair dismissal. This policy relates to issues of capability which are not linked to lack of capability due to ill health. For guidance on ill health capability, you should follow the Sickness Absence Policy and Procedure. The policy has been reviewed with Welsh Lines of Enquiry added and additions made to the content in sections 5.4 and 5.5. in particular. The Confirmation of Dismissal letter has also been updated. References have also been updated to ensure they remain current.