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How to survive capability and performance management at work

Your employer can dismiss you on grounds  of capability if they believe that you cannot do your job to the standard required of you. This can be because you can’t work to the skill level needed for the job. It could also be because you can’t carry out the work because you are ill and your employer needs to get the work done. Whatever the reason may be, this Guide details your rights which you can enforce, and provides you with the tools to do so.



Performance management is used by employers where they believe that an employee lacks the capability or qualifications to do their job. Capability covers a range of issues such as lack of productivity, sickness and an inability to establish good working relationships with clients or colleagues. It can lead to dismissal since a lack of capability or qualifications to do your job is a potentially fair reason to dismiss you under section 98 (2) (a) of the Employment Rights Act 1996.

You have rights in all these situations, and your employer has legal obligations that they must fulfil to make such a dismissal fair.  You will not be a passive recipient of performance management procedures if you use this Guide to understand your rights and prepare using the information, templates and resources including;

  • Your Employer’s legal duty to act reasonably and follow a fair procedure
  • The requirements of the ACAS Code on Discipline & Grievance  Procedures
  • Settlement Agreements
  • Sickness Absence
  • Sickness and Disability
  • Meetings with management
  • How to prepare for meetings
  • How to write your capability statement




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