Tag
#capability-procedure
11 cases tagged Capability Procedure.
Teacher with dyslexia and hearing impairment dismissed after capability process: dismissal upheld
A tribunal has upheld the dismissal of a Welsh teacher with 17 years' service after a lengthy capability procedure, finding that the employer made reasonable adjustments and acted fairly.
Constructive dismissal claim fails: genuine performance concerns justified capability process
A Business Development Manager who resigned claiming constructive dismissal due to race discrimination lost his case. The tribunal found Siemens Healthcare Ltd had genuine, evidence-based performance concerns and had not breached the implied term of trust and confidence.
Office administrator wins constructive dismissal after employer raised appearance and relationship issues in capability letter
A tribunal found that an office administrator was constructively unfairly dismissed after her employer included unparticularised criticisms about her appearance and relationships with colleagues in a capability letter. She was awarded £3,497.79, reduced by 75% for contributory fault.
Capability downgrade and dismissal: a fair process within the band of reasonable responses
An electrical technician with two years' service was fairly dismissed after failing capability tests and refusing a downgraded post. The tribunal rejected claims of race and religion discrimination.
In-house solicitor loses constructive dismissal claim against RMT union
An employment tribunal dismissed all 133 claims brought by an in-house solicitor against the National Union of Rail, Maritime and Transport Workers, including allegations of assault, constructive dismissal, and disability discrimination.
Crime Scene Investigator wins constructive dismissal after Covid safety concerns ignored
A Crime Scene Investigator with 13 years' service resigned after his employer failed to act on a grievance report that backed his health and safety concerns. The tribunal found he was constructively unfairly dismissed.
Administration assistant with sleep apnoea loses constructive dismissal and disability discrimination claims against NHS Trust
An administration assistant with 14 years' service who resigned claiming constructive dismissal and disability discrimination over sleep apnoea and other conditions had all her claims rejected by the tribunal.
Lecturer's constructive dismissal and race discrimination claim rejected by tribunal
A lecturer with 13 years' service who resigned after a capability process and denied promotions failed to prove constructive dismissal or race discrimination. The tribunal found the employer acted reasonably.
Payroll supervisor with 19 years' service dismissed for refusing new reporting structure: unfair dismissal claim fails
A payroll supervisor with 19 years' service was fairly dismissed for refusing to accept a new reporting structure and for capability issues, the Watford Employment Tribunal has ruled. Her claims of unfair dismissal and associative disability discrimination were rejected.
Lecturer's constructive dismissal claim over Ramadan capability meeting rejected
A lecturer who resigned claiming constructive dismissal after being required to attend a capability meeting while fasting during Ramadan has lost his case. The tribunal found no breach of trust and confidence or indirect discrimination.
Part-time teacher's constructive dismissal claim over capability process fails
A part-time teacher who resigned after being placed on a capability procedure and having her grievance rejected has lost her constructive unfair dismissal claim. The tribunal found the school acted reasonably throughout.