1. Capability Policy and Procedure
This model capability policy and procedure aims to provide guidance to fairly and consistently support all employees who are unable to achieve and maintain satisfactory levels of attendance and/or conduct and job performance, due to ill-health.
Where an employee has a disability within the meaning of the Equality Act, reasonable adjustments should be considered throughout this procedure.
Consent to a medical report should also be requested from an employee to: obtain expert medical advice on an employee's condition; identify their prognosis; understand the effect of their condition on their day to day work activities; and comply with the duty to make reasonable adjustments and consider alternative work under the Equality Act.
Where an employee is unable to fulfil their job role due to ill-health affecting their ability, as opposed to misconduct, the case should be managed under the Company’s Capability Policy and Procedure. This may be for example, where an employee is unable to meet the required standards of attendance, or of job performance due to ill-health, sickness absence or disability. This is rather than the employee being unable to attend work and perform to the required standards but choosing not to, which would be a disciplinary matter.
Under the circumstances of ill-health causing incapability, where an employee is incapable of reliably and effectively fulfilling their duties due to ill-health and not misconduct, this policy and procedure should be followed. Should this policy not lead to satisfactory improvement in attendance levels and job performance, ultimately, the situation may lead to an employee’s dismissal on the grounds of ill-health or disability. However, no decision to dismiss should be taken lightly and without having followed the guidance within this capability policy and procedure.