Article Database
Search results: 20 article(s) found in topic: Performance/capability - keyword: Capability procedure
relevancePERFORMANCE
There’s nothing wrong with me - honest!
You firmly believe that an employee may have a health issue due to certain symptoms that they are displaying. Having approached them tactfully, they’ve denied there’s any medical problem. What should you do now?
More...
ACAS CODE
Does the Acas Code apply to ill-health dismissals?
The Acas Code of Practice must be followed wherever misconduct or poor performance is suspected. But what if you’re looking to dismiss someone on capability grounds due to their ill health? Must you follow the Code then?
More...
POOR PERFORMANCE
Can you just make a poor performer redundant?
A poor performer hasn’t responded to your informal request for a clear and immediate improvement. Your preferred solution would be to make them redundant and recruit a replacement. Is this approach legally sound?
More...
PERSONNEL MANAGEMENT
A forgetful and menopausal employee
An older female employee is becoming increasingly forgetful. When it’s brought to her attention she blames the menopause. The situation can’t be allowed to continue but what’s the risk if you move straight to capability proceedings?
More...
SICKNESS ABSENCE
Signed off sick = no contact?
One of your employees has just been signed off sick by their GP. A colleague claims that as they are considered to be unfit for work you can’t make any attempt to contact them. Is this really true?
More...
DISMISSAL
Can you dismiss a terminally ill employee?
Whilst it’s a situation that no employer ever wants to face, you may have to deal with an employee who has been diagnosed with a terminal illness. Would this situation give you grounds for their dismissal?
More...
POOR PERFORMANCE
Managing poor performance in older workers
You’ve noticed a decline in the performance of one of your older workers who is 67 years old. Forced retirement is no longer an option, so how can you resolve this problem and stay on the right side of the law?
More...
SICKNESS ABSENCE
Refusing to see your chosen medical advisor
You have the right to refer employees with high levels of sickness absence to an independent medical advisor. Whilst you can’t force them to attend an appointment, is there any way to reduce the risk of them refusing?
More...
POOR PERFORMANCE
Poor performance: a timescale for improvement
One of your employees is performing badly and all informal attempts to resolve the situation have failed. If you now go down the formal capability route, what’s a “reasonable timeframe” for a clear improvement?
More...
POOR PERFORMANCE
Apply the right (capability) procedure
The Court of Appeal has come down hard on an employer that used its disciplinary procedure to dismiss a poorly performing employee on capability grounds. So why was this a clear-cut case of unfair dismissal?
More...
