How Employers Can Ensure Fair Capability Ill Health Dismissal

How Employers Can Ensure Fair Capability Ill Health Dismissal

When an employee is consistently unable to perform their job due to ill health or disability, employers have the right to consider dismissing them. However, it is essential that the dismissal is fair and lawful, both in terms of employment law and disability discrimination legislation. Here are some key ways that employers can ensure that capability ill health dismissal is conducted fairly.

1. Seek Medical Advice

Before making any decision about dismissal, employers should always seek medical advice from a qualified professional. This will help you to understand the nature of the employee’s condition and how it may affect their ability to do their job. Based on this medical advice, you can then make an informed decision about whether dismissal is necessary.

2. Consider Making Reasonable Adjustments

Under the Equality Act 2010, employers have a duty to make reasonable adjustments to ensure that employees with disabilities can perform their jobs, as long as this does not cause unreasonable disruption or cost to the business. Depending on the employee’s condition, there may be reasonable adjustments that you can make to help them perform their job more effectively, such as providing extra equipment or adjusting their working hours. By making these adjustments, you may be able to avoid dismissal entirely.

3. Follow a Fair Procedure

If you decide that dismissal is necessary, you must follow a fair procedure. This may include providing the employee with a written warning, giving them a chance to improve their performance, and holding a formal capability hearing where they can present their case. You should also provide them with the opportunity to appeal the decision. By following a fair procedure, you can demonstrate that your decision was not discriminatory and that you have given the employee every chance to improve.

4. Document Everything

Throughout the process of considering and implementing a capability ill health dismissal, it is essential to document everything. This includes any medical advice received, any reasonable adjustments made, all warnings given, any discussions held, and the decision-making process. By keeping detailed records, you can demonstrate that you have followed a fair procedure, based your decision on evidence, and ensured that the dismissal was not discriminatory.

5. Seek Legal Advice

Capability ill health dismissal can be complicated, and if you make a mistake, it can be costly. Therefore, it’s always a good idea to seek legal advice early in the process. A qualified employment lawyer can help you to understand your obligations under employment law and disability discrimination legislation, and can guide you through the process to ensure that you are acting lawfully and fairly.

In conclusion, capability ill health dismissal is a delicate process that requires careful consideration, fairness, and attention to detail. By seeking medical advice, making reasonable adjustments, following a fair procedure, documenting everything, and seeking legal advice, employers can ensure that they are complying with employment law and treating their employees fairly and lawfully.

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