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

23 Cramond Glebe Rd
Cramond Village
Telephone: 0131 336 1619

Free EnquiryWhat Are Capability Problems?

You may be aware of the term 'capability problems' if you are an employer, and possibly if you are an employee in a company. If you are unsure what the term 'capability problems' actually means, read on.

In the broad sense the term 'capability problems' refers to any issue that relates to problems with an employee being capable to complete their job role properly. Problems of capability may relate to a health issue - be this mental or physical, or they may relate to a competence issue.

Health Capability Problems

Health issues capability problems are issues that may or may not lead to a capability dismissal. Some health capability problems are related to illness that leaves an employee unable to complete their job role to the standard that is expected of them, or leaves an employee unable to complete their job role at all. For example, if an individual has a severe and long-term illness they may not be able to attend work. If the proper procedures are followed and a doctor confirms the employee will not be able to return to work - a capability dismissal may take place.

Some health capability problems are related to disabilities - e.g. physical disabilities, or mental disabilities such as depression. An employer, to the best of their abilities, must accommodate for these health capability problems. If you are a confused employee, or a confused employer you should contact a specialist employment lawyer to find out more about health capability problems and how they should be properly dealt with in the eyes of the law.

Competence Capability Problems

Competence capability problems relate to the performance of an employee. Underperforming employees are said to have competence capability problems. Usually a new employee will have a trial shift or a probation period in the workplace so if they cannot competently perform a job role, they will be able to be legally dismissed by the employer.

Issues of competence with long-term employees can be difficult to deal with, as often there may be some underlying personal issues present. If an individual is suffering competence capability problems due to matters beyond their control they should receive help and support. Furthermore, an employee may be suffering competence capability problems due to lack of training. In this case the employer may aim to provide them with the training they need.

Sometimes a capability problem may result in you dismissing a person from employment. Either type of capability problem has to be dealt with carefully in a legal sense, as if you dismiss an employee due to capability problems, and have not gone about this in the correct way, you run the risk of being sued for unfair dismissal or discrimination. Talk to an employment solicitor today if you require further information regarding capability problems and capability dismissal.

Need An Expert Employment Law Solicitor in Scotland?

Please call us on 0131 662 6988 or 0131 336 1619 or complete our online enquiry form.



"Faced with a complex industrial dispute involving three parties, Callander Golf Club called on the expertise of The Work Ethic to help resolve the situation. Sound legal advice backed by high-level negotiating skills led to an out-of-court settlement to the satisfaction of the Firm's clients."

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