FAQs about Unfair Dismissal

UNFAIR DISMISSAL: CAPABILITY

If the employee’s capability to do the job is not up to standards required, then the employer can justify the dismissal provided the employee was given notice.

Capability

It is a duty of an employer to investigate the case where the worker is not performing his duties properly. He should find what the reason of it is, i.e. lack of experience, knowledge or training or whether it is to do with the worker’s abilities.

If the worker cannot do the job properly due to his lack of ability, the employer must inform him of:-

•             The poor quality of work

•             His expectations

•             A deadline by which the worker should improve his performance

•             Any training that could be given to support him

If the worker does not improve within the specified period of time, the employer is allowed to dismiss him. However, before the dismissal, the employer should:

•             Arrange a meeting with the employee and let him know before the meeting:

  • That the standard of his work has not improved and refer him to specific tasks
  • Dismissal is being considered
  • The worker is allowed to be accompany by another work colleague or a Union rep

•             Consider giving the worker ‘another chance’ by extending the improvement period

•             Consider moving the worker to another position within the company

•             If the employee is dismissed, he has the right to appeal

The procedure should comply with the requirements of the ACAS code of practice.