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In employment law terms, ‘capability’ relates not only to an employee’s performance in their role, but also establishing whether an employee is capable of doing their job with reference to ill health or qualifications.

It is always a gamble when you take on new employees. An interview doesn’t really tell you much about the employee’s ability to actually perform the role on a day to day basis. Further, you are limited in terms of the health related questions you can ask a prospective employee pre-employment.

If an employee is not performing to the required standard, this can be detrimental to your business and profitability. Poor performance should be addressed promptly.

It is important to have a capability policy and absence management policy in your staff handbook and to ensure that the policies are applied consistently across the business to ensure fairness. When seeking to manage employee performance and capability, you should adhere to the ACAS code of practice.

An employee performance management process will include identifying the performance problem, providing training or mentoring to the employee, agreeing the level of improvement required and the timeframes for achieving that improvement and monitoring and reviewing performance.

Managing capability based on ill health can be fraught with difficulty, particularly if the absence is related to a disability. You should always take advice at the outset.

Our experienced employment lawyers can guide you through managing poor performance and persistent or long-term absences.

For further advice and assistance, please call our Head of Employment, Lianne Payne, on 024 7623 1000.

Contact one of our Solicitors in Coventry: enquiries@askewslegal.co

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