Capability defines how capable an employee is to carry out the roles and responsibilities outlined in their job description and person specification.

Experience, knowledge and skills developed throughout their educational and work career, can determine how well equipped and capable they will perform within a role.

Confidence paired with capability can motivate individuals to perform outstandingly, to forward their career to success.

Capability Dismissals

When does capability result in dismissal?

If an employee is making regular mistakes, even after several cautions, then it may be appropriate for capability dismissal; a fair reason outlined in the Employment Rights Act.

Before the decision for dismissal is implemented, you must be able to provide the necessary evidence and a viable case for poor performance or incompetence.

Incompetency could arise from either lack of skills, ill health and long-term absence, or the inability to achieve an essential qualification, such as degree or diploma, outlined as essential by you in the person specification.

Qualification Dismissals

Often candidates will already hold the relevant qualifications before their recruitment, hence the reason why they were shortlisted for interview.

In other cases, employers do agree to fund the qualification while the employee is in the role. In the case where an employee has failed to achieve the stated qualification, you have the right to dismiss the employee.

Dismissal based on qualifications can also take place if you change your requirements and have a good case for showing the qualification is no longer required, or in the case where an employee loses their qualification such as driving license, essential for the role of a driver.

Time management is an important factor to consider when an employee is chosen to study for a qualification simultaneously to working.

If the employee finds this balance challenging, then it may flag up for unsuitable revision times and a large amount of time taken off work to attend courses and lectures.

The employer should assess the candidate's qualities based on whether they are a suitable fit to manage a work-study balance.

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About the author 

James Rowland

James is the Commercial Director at Neathouse Partners and regularly writes articles surrounding issues in HR & Employment Law. Outside of the office, James is a keen Cricketer, playing in the Cheshire League for Nantwich CC. He also loves going to watch his football team, Crewe Alexandra. Feel free to connect with James on LinkedIn.

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