Capability is a common cause for dismissal, but many organisations lack the right policy

‘Capability’ is one of the five fair reasons for dismissal. However, it can be split into two distinct parts; inability to perform the job as a result of incompetence, and inability to perform the job through sickness absence. Some companies blur the two and have one policy to cover both, but I’ve always found that to be confusing. A disciplinary policy should cover poor performance or misconduct. A capability policy describes the process that needs to be followed when someone is either on repetitive short-term leave, or long-term sick leave, to assist with their return to work, or eventual fair dismissal.

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