Performance management and disciplinary action


Capability

s98(2) of the Employment Rights Act 1996(ERA 1996) makes capability or lack of qualifications a potentially fair reason for dismissing an employee. Capability covers a range of issues including sickness, and lack of productivity. Performance management is used to steer behaviour or competence to an acceptable level. If the employer believes that it is not working, then the matter is escalated to a disciplinary procedure.

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