Capability is one of the fair grounds for dismissal, as set out under the Unfair Dismissals Acts. A dismissal on grounds of capability may be considered if an employee fails to attend work regularly or their attendance record is excessive. An employer must be able to demonstrate that a pattern exists, the level of absence is above the norm and the situation is unlikely to improve, with the support of medical evidence.
Fiona Mulligan, Small Firms Association’s HR Executive will explore the importance of being guided by medical advice, recent case law and engaging with the employee where possible, while bearing in mind that dismissal should always be the last option.
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