Tag
#capability-dismissal
26 cases tagged Capability Dismissal.
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Showing the 20 most recent of 26 cases
Healthcare assistant with 6 years' service dismissed for persistent short-term absences: dismissal upheld
A healthcare assistant who was dismissed for persistent short-term absences after her employer made reasonable adjustments has lost her unfair dismissal and disability discrimination claims. The tribunal found the NHS Trust acted fairly.
Dismissed during long-term sick leave: a capability decision that went too fast
A warehouse operative with 6.5 years' service was dismissed for capability after a year of sick leave for depression. The tribunal upheld the dismissal, finding the employer acted reasonably despite not waiting the 4-5 weeks suggested by occupational health.
Consultant obstetrician dismissed for clinical competence: whistleblowing and race claims rejected
An employment tribunal has dismissed all claims by a consultant obstetrician and gynaecologist who argued she was unfairly dismissed for whistleblowing and race discrimination, upholding the NHS trust's decision to dismiss her on capability grounds after a coroner found her account of a baby's death unreliable.
Long-serving employee dismissed during sickness absence: claim thrown out for being too late
A tribunal dismissed unfair dismissal and wage claims from a CSS General with 20 years' service because he waited over five months to contact ACAS, even though he continued to receive salary after dismissal.
Capability dismissal upheld after employee disengaged during long-term sickness
A customer service adviser with functional neurological disorder lost his unfair dismissal and disability discrimination claims. The tribunal found the employer's process was fair and the dismissal justified.
Forensic nurse dismissed for inability to kneel for CPR: employer acted reasonably
A tribunal has upheld the dismissal of a forensic custody nurse who could not kneel to perform CPR due to bilateral knee replacements. The employer was found to have acted within the range of reasonable responses.
Personal support worker dismissed after 18 months' sick leave: capability dismissal upheld
A personal support worker who was dismissed after 18 months' absence due to bowel cancer and a hernia has lost her unfair dismissal claim. The tribunal found the dismissal was fair, and even if the procedure had been flawed, she would have been dismissed anyway.
Dismissed after four years off sick: claim thrown out as too late
An overseas detainee custody officer who was dismissed after four years of sickness absence had his unfair dismissal and disability discrimination claims rejected because he presented them too late, despite the tribunal accepting he had a good reason for the initial delay.
Paramedic with 29 years' service dismissed on capability grounds after ill-health retirement application supported by employer
A paramedic with nearly three decades of service was fairly dismissed on capability grounds after a thorough absence management process, the tribunal has ruled. All claims of unfair dismissal and disability discrimination were dismissed.
Collection driver dismissed after hernia: employer's capability decision upheld
A collection and delivery driver with an umbilical hernia and muscle condition was fairly dismissed on capability grounds after his employer exhausted temporary adjustments. The tribunal found DPD Group UK Limited acted reasonably.
Traffic engineer dismissed after long-term sickness: capability decision upheld
A traffic engineer with PTSD and chronic pain was fairly dismissed for capability after years of sickness absence and negligible work output, the Watford tribunal has ruled.
26-year service, long-term sickness: capability dismissal upheld by tribunal
A Visual Merchandising Team Manager with 26 years' service was dismissed after over six months' absence. The tribunal rejected her claims of unfair dismissal and disability discrimination.
Solid surface fitter dismissed after two years off sick: capability dismissal upheld
An employment tribunal has rejected an unfair dismissal claim from a solid surface fitter who was dismissed on capability grounds after two years of sickness absence, finding the employer acted reasonably.
Store manager dismissed during long-term sick leave: tribunal upholds capability decision
A store manager who was off sick for over a year was fairly dismissed on capability grounds, the tribunal ruled, rejecting claims of disability discrimination and unfair dismissal.
20-year employee dismissed for performance without proper process: unfair dismissal
A payroll administrator with 20 years' service was unfairly dismissed after a flawed capability process that lacked warnings, investigation, and an appeal. The tribunal awarded £28,333, including a 25% uplift for failing to follow the ACAS Code.
Cashier dismissed for intermittent sickness absence: fair dismissal upheld
A cashier with nearly 3 years' service was fairly dismissed for capability after failing to meet an attendance objective. The tribunal rejected her claims of unfair dismissal, breach of contract, and unlawful deductions.
Retirement discussions and PIP: dismissal for capability upheld despite age discrimination claim
A Fragrance Accounts Manager with 11 years' service was fairly dismissed for poor performance after a Performance Improvement Plan, and the tribunal rejected her claim that retirement discussions amounted to age discrimination.
Health and safety concerns not linked to dismissal: a capability case that succeeded
A Direct Adviser with 20 years' experience was dismissed for performance after raising workload concerns. The tribunal found no causal link between the health and safety complaints and the dismissal, ruling it was a fair capability dismissal.
Hair assessor dismissed after 22-month sickness absence: tribunal upholds capability decision
A tribunal has ruled that Skills to Group Limited fairly dismissed a hair assessor with 4 years' service who had been absent for 22 months due to complications from knee surgery. The employer's concerns about workplace safety justified the dismissal.
Contract Manager dismissed after four months off sick: employer's decision upheld
An employment tribunal has dismissed a contract manager's unfair dismissal claim after his employer decided he was no longer capable of performing his physical role due to long-term knee pain.
Browse all 26 cases on Unfair dismissal, where you can filter by outcome, damages and year.