Unfair Dismissal Capability (Poor Performance) Claim
Unfair Dismissal Capability
An Unfair Dismissal Capability (Poor Performance) Claim arises when an employee believes they have been unfairly dismissed due to their employer’s assertion that they were incapable of performing their job to the required standard. This type of claim focuses on whether the dismissal was fair and reasonable in the circumstances, particularly when the dismissal was related to the employee’s ability or performance.
Key Elements of an Unfair Dismissal Capability Claim
Eligibility to Claim
The employee must have at least two years of continuous service (or one year if employed before 6 April 2012) to qualify for unfair dismissal protection.
The dismissal must fall under the definition of unfair dismissal under the Employment Rights Act 1996.
Definition of Capability
Capability refers to an employee’s ability to perform their job to the required standard. This can include:
Skill: Lack of necessary skills or qualifications.
Competence: Poor performance or inability to meet job expectations.
Health: Physical or mental health issues affecting performance.
Fair Reason for Dismissal
Dismissal for capability reasons can be fair, but only if the employer:
Has a genuine belief in the employee’s inability to perform the job.
Can demonstrate that they acted reasonably in treating the capability issue as a sufficient reason for dismissal.
Followed a fair and proper procedure.
Fair Procedure
To ensure fairness, the employer must:
Identify the performance issues: Clearly communicate the areas where the employee is underperforming.
Provide support and training: Offer reasonable assistance to help the employee improve (e.g., training, mentoring, or adjustments).
Set clear expectations and targets: Give the employee a reasonable opportunity to improve by setting measurable performance goals.
Monitor progress: Regularly review the employee’s performance and provide feedback.
Hold formal meetings: Conduct performance review meetings, allowing the employee to respond and be accompanied by a colleague or trade union representative.
Warn of consequences: Inform the employee that failure to improve could result in dismissal.
Consider alternatives: Explore whether there are other roles or adjustments that could accommodate the employee.
Unfair Dismissal
A dismissal for poor performance may be considered unfair if the employer:
Did not provide adequate support or training to help the employee improve.
Did not follow a fair procedure (e.g., failing to give warnings or opportunities to improve).
Did not act reasonably in treating the performance issue as a sufficient reason for dismissal.
Dismissed the employee without considering alternatives (e.g., redeployment or adjustments).
Burden of Proof
The employer must show that the dismissal was for a potentially fair reason (capability) and that they acted reasonably in treating that reason as sufficient to dismiss.
Potential Outcomes
If the tribunal finds the dismissal unfair, it may award:
Reinstatement (returning to the same job).
Re-engagement (returning to a different job with the same employer).
Compensation, which includes:
Basic Award: Calculated based on age, length of service, and weekly pay.
Compensatory Award: Covers financial losses (e.g., lost earnings), subject to a statutory cap (currently £105,707 or 52 weeks’ pay, whichever is lower).
Common Reasons for Unfair Dismissal in Capability Cases
Failure to provide adequate support or training.
Lack of clear performance targets or warnings.
Inconsistent treatment of employees (e.g., dismissing one employee for poor performance while giving another more time to improve).
Dismissal without considering health-related issues or reasonable adjustments.
How to Bring a Claim
The employee must submit a claim to the employment tribunal within 3 months less one day from the date of dismissal.
Early ACAS conciliation is required before submitting the claim.
The claim is made using the ET1 form, and complete our template and attach.
Defending a Capability Dismissal
Employers defending a capability dismissal must demonstrate:
They had a genuine belief in the employee’s inability to perform the job.
They provided reasonable support and opportunities to improve.
They followed a fair procedure and acted reasonably in dismissing the employee.
Importance of Legal Advice
Both employees and employers should seek legal advice when dealing with unfair dismissal capability claims to ensure compliance with employment law and to present their case effectively.
If you are involved in such a claim, it is crucial to gather all relevant evidence (e.g., performance reviews, warnings, training records, and correspondence) to support your position.
Unfair Dismissal Capability (Poor Performance) Claim Template
You may fill out the Unfair Dismissal Capability (poor performance) Particulars of Claim online, download a copy to print, then mail or deliver it in person to the relevant courts with the ET1 Form. Section 8.2 of the ET1 form requires an explanation of the claim(s). If the matter proceeds to a hearing, the employment tribunal will examine this document first. Thus, the claim specifications must be detailed about the claim or claims that the claimant wants the tribunal to decide.
The ET1 Particulars of Claim template may be used to create this document, guaranteeing that the relevant dates and information are included when starting a unfair dismissal claim. If you need help to finalise one of our free Particulars of Claim Templates we can coach you or check it for you.
Unfair Dismissal Capability
An Unfair Dismissal Capability (Poor Performance) Claim arises when an employee believes they have been unfairly dismissed due to their employer’s assertion that they were incapable of performing their job to the required standard. This type of claim focuses on whether the dismissal was fair and reasonable in the circumstances, particularly when the dismissal was related to the employee’s ability or performance.
Key Elements of an Unfair Dismissal Capability Claim
Eligibility to Claim
The employee must have at least two years of continuous service (or one year if employed before 6 April 2012) to qualify for unfair dismissal protection.
The dismissal must fall under the definition of unfair dismissal under the Employment Rights Act 1996.
Definition of Capability
Capability refers to an employee’s ability to perform their job to the required standard. This can include:
Skill: Lack of necessary skills or qualifications.
Competence: Poor performance or inability to meet job expectations.
Health: Physical or mental health issues affecting performance.
Fair Reason for Dismissal
Dismissal for capability reasons can be fair, but only if the employer:
Has a genuine belief in the employee’s inability to perform the job.
Can demonstrate that they acted reasonably in treating the capability issue as a sufficient reason for dismissal.
Followed a fair and proper procedure.
Fair Procedure
To ensure fairness, the employer must:
Identify the performance issues: Clearly communicate the areas where the employee is underperforming.
Provide support and training: Offer reasonable assistance to help the employee improve (e.g., training, mentoring, or adjustments).
Set clear expectations and targets: Give the employee a reasonable opportunity to improve by setting measurable performance goals.
Monitor progress: Regularly review the employee’s performance and provide feedback.
Hold formal meetings: Conduct performance review meetings, allowing the employee to respond and be accompanied by a colleague or trade union representative.
Warn of consequences: Inform the employee that failure to improve could result in dismissal.
Consider alternatives: Explore whether there are other roles or adjustments that could accommodate the employee.
Unfair Dismissal
A dismissal for poor performance may be considered unfair if the employer:
Did not provide adequate support or training to help the employee improve.
Did not follow a fair procedure (e.g., failing to give warnings or opportunities to improve).
Did not act reasonably in treating the performance issue as a sufficient reason for dismissal.
Dismissed the employee without considering alternatives (e.g., redeployment or adjustments).
Burden of Proof
The employer must show that the dismissal was for a potentially fair reason (capability) and that they acted reasonably in treating that reason as sufficient to dismiss.
Potential Outcomes
If the tribunal finds the dismissal unfair, it may award:
Reinstatement (returning to the same job).
Re-engagement (returning to a different job with the same employer).
Compensation, which includes:
Basic Award: Calculated based on age, length of service, and weekly pay.
Compensatory Award: Covers financial losses (e.g., lost earnings), subject to a statutory cap (currently £105,707 or 52 weeks’ pay, whichever is lower).
Common Reasons for Unfair Dismissal in Capability Cases
Failure to provide adequate support or training.
Lack of clear performance targets or warnings.
Inconsistent treatment of employees (e.g., dismissing one employee for poor performance while giving another more time to improve).
Dismissal without considering health-related issues or reasonable adjustments.
How to Bring a Claim
The employee must submit a claim to the employment tribunal within 3 months less one day from the date of dismissal.
Early ACAS conciliation is required before submitting the claim.
The claim is made using the ET1 form, and complete our template and attach.
Defending a Capability Dismissal
Employers defending a capability dismissal must demonstrate:
They had a genuine belief in the employee’s inability to perform the job.
They provided reasonable support and opportunities to improve.
They followed a fair procedure and acted reasonably in dismissing the employee.
Importance of Legal Advice
Both employees and employers should seek legal advice when dealing with unfair dismissal capability claims to ensure compliance with employment law and to present their case effectively.
If you are involved in such a claim, it is crucial to gather all relevant evidence (e.g., performance reviews, warnings, training records, and correspondence) to support your position.
Unfair Dismissal Capability (Poor Performance) Claim Template
You may fill out the Unfair Dismissal Capability (poor performance) Particulars of Claim online, download a copy to print, then mail or deliver it in person to the relevant courts with the ET1 Form. Section 8.2 of the ET1 form requires an explanation of the claim(s). If the matter proceeds to a hearing, the employment tribunal will examine this document first. Thus, the claim specifications must be detailed about the claim or claims that the claimant wants the tribunal to decide.
The ET1 Particulars of Claim template may be used to create this document, guaranteeing that the relevant dates and information are included when starting a unfair dismissal claim. If you need help to finalise one of our free Particulars of Claim Templates we can coach you or check it for you.
Unfair Dismissal Capability
An Unfair Dismissal Capability (Poor Performance) Claim arises when an employee believes they have been unfairly dismissed due to their employer’s assertion that they were incapable of performing their job to the required standard. This type of claim focuses on whether the dismissal was fair and reasonable in the circumstances, particularly when the dismissal was related to the employee’s ability or performance.
Key Elements of an Unfair Dismissal Capability Claim
Eligibility to Claim
The employee must have at least two years of continuous service (or one year if employed before 6 April 2012) to qualify for unfair dismissal protection.
The dismissal must fall under the definition of unfair dismissal under the Employment Rights Act 1996.
Definition of Capability
Capability refers to an employee’s ability to perform their job to the required standard. This can include:
Skill: Lack of necessary skills or qualifications.
Competence: Poor performance or inability to meet job expectations.
Health: Physical or mental health issues affecting performance.
Fair Reason for Dismissal
Dismissal for capability reasons can be fair, but only if the employer:
Has a genuine belief in the employee’s inability to perform the job.
Can demonstrate that they acted reasonably in treating the capability issue as a sufficient reason for dismissal.
Followed a fair and proper procedure.
Fair Procedure
To ensure fairness, the employer must:
Identify the performance issues: Clearly communicate the areas where the employee is underperforming.
Provide support and training: Offer reasonable assistance to help the employee improve (e.g., training, mentoring, or adjustments).
Set clear expectations and targets: Give the employee a reasonable opportunity to improve by setting measurable performance goals.
Monitor progress: Regularly review the employee’s performance and provide feedback.
Hold formal meetings: Conduct performance review meetings, allowing the employee to respond and be accompanied by a colleague or trade union representative.
Warn of consequences: Inform the employee that failure to improve could result in dismissal.
Consider alternatives: Explore whether there are other roles or adjustments that could accommodate the employee.
Unfair Dismissal
A dismissal for poor performance may be considered unfair if the employer:
Did not provide adequate support or training to help the employee improve.
Did not follow a fair procedure (e.g., failing to give warnings or opportunities to improve).
Did not act reasonably in treating the performance issue as a sufficient reason for dismissal.
Dismissed the employee without considering alternatives (e.g., redeployment or adjustments).
Burden of Proof
The employer must show that the dismissal was for a potentially fair reason (capability) and that they acted reasonably in treating that reason as sufficient to dismiss.
Potential Outcomes
If the tribunal finds the dismissal unfair, it may award:
Reinstatement (returning to the same job).
Re-engagement (returning to a different job with the same employer).
Compensation, which includes:
Basic Award: Calculated based on age, length of service, and weekly pay.
Compensatory Award: Covers financial losses (e.g., lost earnings), subject to a statutory cap (currently £105,707 or 52 weeks’ pay, whichever is lower).
Common Reasons for Unfair Dismissal in Capability Cases
Failure to provide adequate support or training.
Lack of clear performance targets or warnings.
Inconsistent treatment of employees (e.g., dismissing one employee for poor performance while giving another more time to improve).
Dismissal without considering health-related issues or reasonable adjustments.
How to Bring a Claim
The employee must submit a claim to the employment tribunal within 3 months less one day from the date of dismissal.
Early ACAS conciliation is required before submitting the claim.
The claim is made using the ET1 form, and complete our template and attach.
Defending a Capability Dismissal
Employers defending a capability dismissal must demonstrate:
They had a genuine belief in the employee’s inability to perform the job.
They provided reasonable support and opportunities to improve.
They followed a fair procedure and acted reasonably in dismissing the employee.
Importance of Legal Advice
Both employees and employers should seek legal advice when dealing with unfair dismissal capability claims to ensure compliance with employment law and to present their case effectively.
If you are involved in such a claim, it is crucial to gather all relevant evidence (e.g., performance reviews, warnings, training records, and correspondence) to support your position.
Unfair Dismissal Capability (Poor Performance) Claim Template
You may fill out the Unfair Dismissal Capability (poor performance) Particulars of Claim online, download a copy to print, then mail or deliver it in person to the relevant courts with the ET1 Form. Section 8.2 of the ET1 form requires an explanation of the claim(s). If the matter proceeds to a hearing, the employment tribunal will examine this document first. Thus, the claim specifications must be detailed about the claim or claims that the claimant wants the tribunal to decide.
The ET1 Particulars of Claim template may be used to create this document, guaranteeing that the relevant dates and information are included when starting a unfair dismissal claim. If you need help to finalise one of our free Particulars of Claim Templates we can coach you or check it for you.