Specialty doctor dismissed for capability after years of performance issues: NHS trust's decision upheld
An employment tribunal has upheld the dismissal of a specialty doctor with 12 years' service for capability, finding the NHS trust's process was fair and that his disability was not the cause of his performance problems.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a specialty doctor in emergency medicine from 5 August 2009 until dismissal on 23 October 2021.
- The respondent accepted the claimant was disabled due to stress, anxiety and depression from at least 26 May 2021.
- The claimant's performance concerns dated back to 2010 and included poor clinical judgment, communication issues, and lack of insight.
- The claimant underwent multiple remediation plans and assessments over several years but failed to demonstrate the required standard.
- The capability panel found the claimant not capable of working independently at ST4-6 level and dismissed him on grounds of capability.
- The tribunal found no causal link between the claimant's disability and his performance issues.
Timeline
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Employment commenced
Claimant started as a specialty doctor in emergency medicine at Calderdale Royal Hospital.
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First performance concerns
Concerns raised about clinical ability, working relations, and pace of work.
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Retraining programme initiated
Dr Davies wrote to claimant stating performance fell short; a 3-month retraining programme commenced.
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GMC assessment report
GMC found claimant's performance deficient and recommended working at ST1/2 level.
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NCAS Back on Track action plan started
Claimant agreed to a 9-month remediation plan (extended to 11 months).
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Diagnosis of anxiety and depression
Claimant diagnosed with mixed anxiety and depression; started antidepressant medication.
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Claimant disclosed mental health medication
During bullying complaint interview, claimant stated he was taking medication for mental health.
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Capability panel hearing
Panel found claimant failed to achieve competencies and dismissed him on capability grounds.
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Employment terminated
Claimant's employment ended after notice period.
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Appeal hearing
Appeal panel upheld dismissal decision.
The legal issue
The tribunal had to decide whether the claimant's dismissal for capability (performance) was unfair and whether the respondent discriminated against him due to disability by failing to extend his improvement plan and by dismissing him.
The outcome
The tribunal dismissed all claims, finding that the trust acted reasonably in dismissing the claimant for capability. The key reasons were:
- The claimant had a long history of performance issues dating back to 2010, despite multiple remediation plans and assessments.
- The capability panel's decision was based on a thorough process, including a GMC assessment and a 9-month remediation plan, which the claimant failed to complete successfully.
- There was no evidence that the claimant's disability (stress, anxiety, and depression) caused his performance issues; the problems predated his diagnosis.
- The trust had considered alternatives such as a lower-level post but concluded that patient safety and the burden on colleagues justified dismissal.
No compensation was awarded as the claims failed.
Lessons & takeaways
- Employers should ensure that capability dismissals are based on a thorough process, including multiple assessments and opportunities for improvement, especially for long-serving employees.
- A disability diagnosis does not automatically protect an employee from dismissal if performance issues are longstanding and unrelated to the disability.
- Documenting performance concerns and remediation efforts over time can help employers demonstrate a fair process in capability cases.
- Employees should engage fully with improvement plans and seek support early to address performance issues.
- Tribunals will consider patient safety and impact on colleagues as legitimate reasons for dismissal in healthcare settings.
A long history of performance concerns
This case illustrates how a long-standing pattern of performance issues, rather than a single incident, can justify dismissal even for a long-serving employee. The specialty doctor had been employed for 12 years but faced concerns about his clinical judgment, communication, and pace of work from as early as 2010. Despite multiple remediation plans, including a GMC assessment and a 9-month 'Back on Track' programme, he failed to demonstrate the required standard for independent practice at his level.
The role of disability in capability dismissals
The trust accepted that the claimant was disabled due to stress, anxiety, and depression from May 2021. However, the tribunal found no causal link between his disability and the performance issues, which predated his diagnosis. This distinction was crucial: while employers must consider reasonable adjustments, they are not required to retain an employee who cannot perform the essential functions of their role due to capability, provided the process is fair.
What the trust did right
The trust followed a structured capability process, including a formal panel hearing, an appeal, and consideration of alternative roles. The tribunal noted that the trust had considered extending the improvement plan but concluded that further time would not have made a difference given the claimant's lack of insight. The decision to dismiss was ultimately about patient safety and the unsustainable burden on colleagues, which the tribunal accepted as legitimate.
Key takeaway for similar claims
For employees, this case highlights that long service does not guarantee protection from dismissal if performance issues are persistent and well-documented. For employers, it reinforces the importance of a thorough, documented process and the need to consider whether disability is genuinely linked to performance before making decisions.
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