How to deal with capability dismissal and/or performance issues with staff: Part 4

The Employment Law & HR Podcast

In this episode 173 of the podcast I continue the series about dealing with capability and performance issues with staff. With what I am calling, the ‘Covid effect’, there may be more issues arising with employee attitudes and performance at work, particularly as staff return from long term furlough.

In my experience employers and managers find it very difficult to know how best to approach capability and performance issues. It is not the same as a conduct issue which can be fairly straightforward to follow a disciplinary process. Capability procedures are more involved and can have a variety of issues that arise as a result.

This is the last episode in the mini series and in this episode I am bringing you some case examples decided by the Employment Tribunal.

In this episode of the podcast I cover:

• The key points that an Employment Tribunal will look at to establish if a capability dismissal is fair.
• The steps that you need to ensure you follow if you are going to dismiss an employee for performance reasons.
• Cook v Department for Education – London Central Employment Tribunal – November 2016.
• Hoggins V Recruitment Solutions (Services) Limited – Reading Employment Tribunal – August 2017
• Adomako-Mensah v HMRC – London Central Employment Tribunal – August 2019
• Crotty v SMRS Limited – Manchester Employment Tribunal – January 2020
• James v Waltham Holy Cross UDC [1973] ICR.
• Alidair v Taylor [1978] ICR 445.
• Why it can be costly to get the process wrong.

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