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Capability Procedures when off sick

I was reading another thread about someone maybe getting dismissed on capability.

Anyone know the procedure with this?

I thought capability was only an option if ALL other options have been investigated, such as change of hours, shifts, work loan, etc.

I am pretty sure I have read about massive awards being made against companies that didn't follow the proper procedure, so does it make mush sense to simply fire someone on capability?

Comments

  • The other options you refer to may be classed as reasonable adjustments, although I'm not sure how a work loan would make work any easier for a disabled person! It is possible to make a claim against an employer for a failure to make RAs, but a claim would be far from simple, and the award is unlikely to be "massive".

    Are you having a problem in your employment, or is this a general question?
  • Takeaway_Addict
    Takeaway_Addict Posts: 6,538 Forumite
    Part of the Furniture 1,000 Posts
    edited 5 February 2013 at 7:06PM
    I was reading another thread about someone maybe getting dismissed on capability.

    Anyone know the procedure with this?

    I thought capability was only an option if ALL other options have been investigated, such as change of hours, shifts, work loan, etc.

    I am pretty sure I have read about massive awards being made against companies that didn't follow the proper procedure, so does it make mush sense to simply fire someone on capability?

    Correct, if you don't follow correct procedures then you'll get in trouble (though awards are not generally that high) but dismissing on capability procedures whilst fairly long and arduous isn't difficult.
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • I know someone who is having capability against him, but he has a serious illness and really should be pensioned off.
    But it's like they are obsessed with dismissing him.

    I mean he has been off a long time and it's a difficult case but to try and sack someone whilst there are other routes is quite sad to me.

    I know, it's all about money I suppose-sigh
  • Do they still do Ill health retirements?
  • Do they still do Ill health retirements?

    Ill health retirement from my understanding really depends on the company, not every company is able to do this as I believe it all depends on insurances.

    Someone should be able to give more information
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
This discussion has been closed.
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