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Q. What risks do I need to consider when dismissing for poor capability?

A.

A dismissal for poor performance generally follows the 3-strikes rule.

The employee will have had a first written warning and a final written warning and you are now considering a dismissal.

Employers need to be aware that if there are any medical reasons affecting the performance of the employee then these need to dealt with extremely sensitively

Employees may potentially use this as a case to bring a disability discrimination claim.

Other claims can include age or sex discrimination.

Please proceed with caution if medical issues are present.

If you do end up dismissing an employee for poor performance, they have 3 months from the date of the dismissal to bring a claim against you in a tribunal.

Tracy Green
Tracey Murphy
Managing Director
01772 600228
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