Dismissing Employees

2. Inability to Perform

Normally, new recruits who are incompetent or under-qualified will be discovered fairly quickly. They can then be dismissed without running the risk of a claim of unfair dismissal.

2.1 There are four 'permitted' reasons for dismissing employees who are unable to perform their jobs:

• Incompetence (lacking the skills or aptitude to carry out duties effectively).
• Lack of relevant academic, technical or professional qualifications.
• Sickness or injury (usually associated with frequent or prolonged absenteeism). However, a long-term sickness or injury may qualify as a disability (see 4.3).(See Sickness issues and SSP.)
• Because it would be illegal for the employee to carry on working in the job.For example, if the employee loses the required driving licence.

2.2 You must be able to demonstrate that you acted fairly and reasonably both in deciding to dismiss and the way you did it.

• Was the employee really unable to perform or was it an excuse for dismissal? For example, has the employee worked satisfactorily, despite no qualifications?
• Did you (where needed) provide appropriate support or training?
• Did you investigate the circumstances fully?
• Did you consider alternative options?
• Did you set out your concerns in writing, give the employee time to consider them, then discuss them with him or her?
• Did you ensure that the employee knew about his or her right to appeal?

2.3 Where dismissal is contemplated, you must go through the statutory minimum 'three-step' procedure (see Discipline and grievance issues).

• If an employee is dismissed, he or she must be given appropriate notice and may be entitled to written reasons.