Understanding Your Rights: Navigating Capability Unfair Dismissal

Introduction

Dismissal from a job is never easy, but it can be especially difficult if you believe that it was unfair or unjustified. One common type of unfair dismissal is capability unfair dismissal. This occurs when an employer claims that an employee is no longer capable of doing their job and terminates their employment on this basis. However, it is important to understand your rights as an employee and how to navigate the process of challenging a capability unfair dismissal if you believe it to be unfair.

What is Capability Unfair Dismissal?

Capability unfair dismissal occurs when an employer claims that an employee is no longer capable of doing their job and terminates their employment on this basis. This can happen for a variety of reasons, such as poor performance, long-term sickness, or disability. However, the employer must follow a fair process when considering dismissal on the grounds of capability.

Challenging Capability Unfair Dismissal

The first step in challenging a capability unfair dismissal is to check whether your employer followed a fair process. This includes giving you clear warnings about your performance and time to improve, seeking medical advice if necessary, and considering alternative roles within the company that you may be capable of doing.

If you believe that your employer did not follow a fair process, you can make a claim for unfair dismissal at an employment tribunal. However, it is important to seek legal advice before making a claim, as there may be other options available to you.

Employment Law Protection

Employees who have been in their job for more than two years have protection under employment law against unfair dismissal. This means that an employer must have a fair reason for dismissing you and must follow a fair process. If an employer fails to follow a fair process or cannot provide a fair reason for dismissal, you may be able to make a claim for unfair dismissal.

Conclusion

Navigating capability unfair dismissal can be a difficult and stressful process, but it is important to know your rights and understand the process involved. If you believe that you have been unfairly dismissed on the grounds of capability, it is important to seek legal advice and consider your options carefully. By understanding your rights and the legal protections available to you, you can take steps to challenge a capability unfair dismissal and seek a fair resolution.