Capability Policy and Procedure
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 must follow the Sickness Absence Policy and Procedure.
This policy has been updated in 5.4 and 5.5 about the procedure for Notification of a Capability Hearing and Stage 1 Hearing: and the First Written Warning has been updated. The letter Confirming Dismissal Following Previous Warning has been amended in the forms section and references have been reviewed and updated.