| There are two major aspects to the term | | | | their employees from day one, and discuss at |
| 'capability problems' concerning employees - the | | | | regular intervals performance, aptitude and any |
| first is employees with health issues and the | | | | changing situations that may affect the |
| second, more difficult area concerns employees | | | | employee's ability to carry out their job. |
| who are underachieving. | | | | But if an employee is struggling to meet targets |
| Employees with health problems Whilst it may | | | | or employers notice an overall decline in the |
| impact directly on the effectiveness of a | | | | standard of their work, the first step is to talk |
| company's performance, employees with health | | | | directly to the employee. They may not realise |
| problems and are absent from work have to be | | | | that their work is below standard, or there may |
| dealt with carefully. Short-term illnesses are | | | | be concerns or even personal issues that are |
| covered financially through statutory sick pay and | | | | affecting their ability to work to required levels. It |
| should not impact a business's operations to a | | | | is at this point that the employer's 'people skills' |
| serious extent. However, long term illnesses | | | | come into play. For example, an older employee |
| present a different problem - the likelihood or | | | | who is told that their performance is not up to |
| otherwise of the employee returning to full-time | | | | standard may feel that the employer is unfairly |
| work. Employers are entitled to dismiss an | | | | discriminating against them on the grounds of age, |
| employee who is absent from work for a | | | | leaving the employer open to an age discrimination |
| prolonged period as long as certain procedures are | | | | claim. It may be that an employee simply needs |
| followed. This is known as a capability dismissal, | | | | more support in their role, particularly if that role |
| and employers have to take extreme care when | | | | has changed, or needs further training. |
| pursuing this avenue and ensure that every | | | | However, if there is a genuine problem with an |
| procedure is followed to the exact letter of the | | | | employee's performance and no discernible reason |
| law to avoid accusations of discrimination on the | | | | can be found for the under-achievement, further |
| grounds of physical ability. | | | | consultation with the employee is necessary to |
| A report from the employee's doctor stating a | | | | draw their attention to this. The most common |
| medical opinion on the likelihood of the employee's | | | | cause of action from thereon is to establish a trial |
| ability to return to work within an acceptable time | | | | period where the employee is given specific, |
| period will be required. If the GP confirms that the | | | | achievable targets within a time frame, giving |
| employee is unlikely to return to work in the near | | | | them a chance to show the employer that they |
| future, the employment contract can be | | | | are capable of carrying out the job to an |
| terminated. | | | | acceptable standard. If they fail to meet these |
| However, a great deal of attention has to be | | | | targets, it may be that the only course of action |
| given to the issue of disability. It is illegal to | | | | left open to the employer is the termination of |
| discriminate against employees on the grounds of | | | | the employee's contract of employment. |
| disability and if an employee is disabled, reasonable | | | | Capability problems have to be handled very |
| adjustments have to be made to the working | | | | carefully, especially where depression is a reason |
| environment to accommodate that disability, | | | | for under-performance. Depression is a disability, |
| including help with transport, flexible working and | | | | and one that thousands of ordinary people suffer |
| even specially adapted desks or chairs. | | | | from on a regular basis. If an employee is |
| Under-performance capability problems The ability | | | | underachieving due to depression, they need |
| of an employee to carry out their job to | | | | support and help rather than disciplinary action. |
| acceptable standards is usually part of the initial | | | | The workplace, whilst still maintaining productivity, |
| contract of employment. To avoid any issues | | | | has to be a caring environment for everyone in it, |
| further down the line, it is essential that | | | | both employers and employees alike. |
| employers clarify exactly what they expect of | | | | |