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In employment law terms, ‘capability’ relates not only to your individual performance in your role, but also whether you are capable of doing your job with reference to the required qualifications or any period of Ill health that you may experience.

If your employer feels that you are not performing to the required standard, they may seek to put a performance management process in place. Your employer should identify the performance problem, providing training or mentoring to help you to improve, agree with you the level of improvement required and the timeframes for achieving that improvement and monitor and review your performance at regular intervals.

We can guide you through the performance management process to ensure that any process is fair and that you have been given a reasonable opportunity to explain why you feel your performance is not meeting the required standard, what can be done to help you, and ensure that you are afforded a reasonable opportunity to improve.

Capability issues arising based on ill health, either as a result of a medical condition/impairment or frequent or long term absences, can be fraught with difficulty. It may be that your employer can put in place adjustments to improve your overall performance, eliminate any disadvantage that you may experience and help reduce your periods of absence. Our expert employment team can help you to identify what adjustments can be put in place to assist you and liaise with your employer on your behalf to achieve this.

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