Tag
#capability
6 cases tagged Capability.
Protected disclosure claim fails: probationary dismissal for capability upheld
A regional manager dismissed during her probationary period for capability reasons lost her claim that she was automatically unfairly dismissed for whistleblowing. The tribunal found her protected disclosure played no part in the decision.
Dismissed during long-term sick leave: a capability dismissal that went too fast
Employer dismissed a long-serving warehouse worker after eight months of sickness absence without obtaining an up-to-date medical report. The tribunal found the dismissal unfair.
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.
Driving instructor dismissed after losing Group 2 licence: capability dismissal upheld
A driving training instructor with 11 years' service was fairly dismissed after his Group 2 licence was permanently revoked due to a heart condition. The tribunal rejected his claims of unfair dismissal and disability discrimination.
Interim relief denied: Construction manager's whistleblower claim fails high threshold
A construction manager who claimed she was dismissed for raising health and safety concerns has had her interim relief application rejected. The tribunal found factual disputes meant she did not meet the high threshold for interim relief.
Unfairly dismissed by Jaguar Land Rover but 75% Polkey cut applied
A former employee was unfairly dismissed for capability reasons, but the tribunal applied a 75% Polkey deduction for the chance he would have been dismissed anyway. His race discrimination claims were dismissed.