The following Employment guidance note provides comprehensive and up to date legal information covering:
Reasons that relate to capability and qualifications are potentially fair reasons for dismissal. Capability is defined, in relation to an employee, as meaning their capability by reference to skill, aptitude, health or any other physical or mental quality. Qualifications are defined as any degree, diploma or other academic, technical or professional qualification relevant to the position which the employee held.
ET1 grounds of unfair dismissal claim—ill-health capability
ET3 grounds for resisting unfair dismissal claim—ill-health capability
ET1 grounds of unfair dismissal claim—performance capability
ET3 grounds for resisting unfair dismissal claim—performance capability
As in other areas of unfair dismissal law, employment tribunals will generally not substitute their own view for that of an employer. As long as the employer has acted reasonably in reaching the decision to dismiss, the tribunal will not interfere with that decision even if they themselves would have reached a different conclusion. The test to be applied in deciding whether or not a dismissal was fair will be whether the employer genuinely believed, on reasonable grounds, that the employee was incompetent to do their job.
However, the employer will usually be expected to provide evidence:
that there was adequate evidence of incompetence at the time of the decision to dismiss
that the employer adopted a fair procedure prior to its decision
that the employer considered
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