Reasons for unfair dismissal

Capability for the job

On our main unfair dismissal page you will see the broad outline of circumstances where an employer may or may not be criticised for dismissing an employee.

Here we discuss "capability for doing the job" which is considered in certain circumstances an acceptable reason for dismissing an employee.

Unfair dismissal - capability:

If an employer can show that an employee was not capable of doing a job or performing in a role then this may support their decision to dismiss the individual.

This "capability" issue is divided into 3 areas:

Qualifications - does the employee have the necessary qualifications for the position or role and is a specific qualification actually needed for this role? This latter point may well be contentious.

Incompetence - This can involve a one off but serious incident or a repetition of events that suggest the individual is simply not capable of doing the job and may in some instances be a danger to others. However the issue of adequate training may well be an example of just one successful argument against dismissal on these grounds.

Health - unreasonable illness absence or continued genuine illness may lead to dismissal. However an employer must manage this situation very sympathetically and provide an alternative role or assistance to the individual if at all possible.

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PLEASE NOTE THAT THE INFORMATION PROVIDED IS FOR GENERAL GUIDANCE ONLY AND BASED ON CURRENT LEGAL ARGUMENTS. YOU SHOULD ALWAYS SEEK FORMAL LEGAL ADVICE IF YOU FEEL YOU HAVE BEEN UNFAIRLY TREATED BY YOUR EMPLOYER.

The Claims Connection unfair dismissal section - UK injury employment compensation specialists.

- employment dismissal advice - unfair dismissal main page - dept of trade - employment tribunal official site