PO Box 28287
Telephone: 0131 662 6988
Fax:0131 667 8175

23 Cramond Glebe Rd
Cramond Village
Telephone: 0131 336 1619

Free Claim EnquiryCapability Problems
We can help you...

There are two aspects to this - employees who have health problems and those who are underperforming.

Employees with health problems

Issues involving employees who have health problems and are absent from work have to be dealt with carefully. You are entitled to dismiss an employee who is absent from work on a long term basis providing certain procedures are followed. This is known as a capability dismissal. A report from the employee's doctor has to be obtained with an opinion on likely future absence. If the GP confirms that the employee is unlikely to be able to return to work in the near future, employment can be terminated if proper consultation procedures are followed.

Attention must however be paid to the issue of disability. If the employee is disabled you must make reasonable adjustments to accommodate that disability - a special chair, flexible working, help with transport etc. Please note carefully that the most commonly recognised disability is depression.

Employees with capability problems

Capability also applies to the underperforming employee. A employee may be failing to meet targets or performance may have declined. There are pitfalls for the employer who does not handle such a situation properly. An older employee who is told that his performance is not up to scratch may make a claim of age discrimination if the situation is not carefully addressed. The employee may simply need training or further support.

We can handle all performance related issues for you. Please contact us for expert employment law advice.

Contact Us For Expert Capability Problem Advice

Contact us for advice on how to deal with capability issues on 0131 662 6988 or 0131 336 1619 or complete our online enquiry form.



"I have worked in Personnel/HR for over thirty years and dealt with many employment specialists. Few have matched Ian's knowledge and experience in helping to resolve employment problems. His practical recommendations, in often stressful situations, are extremely helpful and allow organisations the opportunity to consider alternative solutions to achieve business objectives.

I have known Ian for almost 10 years and use his services for advice and guidance and for tribunal representation and have no hesitation in recommending him."

Peter Nussey
Murrayfield Consultants Ltd.

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