Capability is one of the five potentially fair reasons for dismissing an employee. To ensure that such a dismissal is fair, an employer needs to demonstrate it acted reasonably in relying on capability as the reason for dismissal and followed a fair procedure in order to establish whether the employee was "capable" of doing their job by reference to skill, aptitude, health or any other physical or mental quality.

Employers should follow a clear procedure when dealing with capability.

Members can download a capability procedure policy here


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