Reason for dismissal—capability
Reason for dismissal—capability

The following Employment guidance note provides comprehensive and up to date legal information covering:

  • Reason for dismissal—capability
  • Dismissal for incompetence
  • Dismissal relating to ill health
  • Dismissal relating to qualifications

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.

See Precedents:

  1. ET1 grounds of unfair dismissal claim—ill-health capability

  2. ET3 grounds for resisting unfair dismissal claim—ill-health capability

  3. ET1 grounds of unfair dismissal claim—performance capability

  4. ET3 grounds for resisting unfair dismissal claim—performance capability

Dismissal for incompetence

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:

  1. that there was adequate evidence of incompetence at the time of the decision to dismiss

  2. that the employer adopted a fair procedure prior to its decision

  3. that the employer considered