Understanding the Capability Criteria: The Key to Avoiding Unfair Dismissal
Unfair dismissal can often be a minefield for employers. There are a range of rules and regulations they need to follow to ensure they are not breaking the law and leaving themselves open to legal action. One of the key ways to avoid unfair dismissal is to understand the capability criteria thoroughly.
What is Capability Criteria?
When an employee is not meeting the standards required for their role, employers can use the capability criteria to help assess the situation. Capability is often defined as the ability of an employee to perform their job to the expected standard. If an employee is falling short in a particular area, employers need to take steps to help them improve.
The Four Stages of Capability Criteria
The capability criteria has four stages that employers need to follow to ensure they are acting fairly and avoiding unfair dismissal. These include:
1. Identifying the issue – Employers need to identify the issue or issues that are causing the employee to fall short.
2. Informal action – This stage often involves offering support to the employee in question. Employers might offer extra training or support to help employees improve the area where they are falling short.
3. Formal action – If informal action is not working, employers can take formal action. This can include setting out a formal action plan for the employee to follow or starting a formal performance management process.
4. Dismissal – If all other stages have failed, employers can consider dismissal. However, this should only be done as a last resort and employers must be able to prove that they have acted fairly and followed all the relevant rules and regulations.
Why is Capability Criteria Important?
The capability criteria is important for a number of reasons. Firstly, it helps employers to be fair and objective when assessing whether an employee is performing to the expected standard. Secondly, it can help to avoid unfair dismissal as it provides a clear process for employers to follow. Finally, it can help to improve the overall performance of the workforce by providing support and training where necessary.
Examples of Capability Criteria in Action
There are a number of examples of how the capability criteria has been used in practice. One such case involved an employee who was struggling to meet the required targets in their role. The employer identified the issue and provided additional training to help the employee improve their performance. However, despite this support, the employee was still not meeting the required targets. The employer moved to formal action, providing a clear action plan for the employee to follow. As a result, the employee was able to make significant improvements and avoid dismissal.
Conclusion
The capability criteria is a key tool for employers looking to avoid unfair dismissal. By following the four stages of the criteria and providing appropriate support and training, employers can help their employees improve their performance and avoid the need for dismissal. It is important for employers to understand the capability criteria thoroughly and to follow the relevant rules and regulations to ensure they are acting fairly and avoiding legal action.
(Note: Do you have knowledge or insights to share? Unlock new opportunities and expand your reach by joining our authors team. Click Registration to join us and share your expertise with our readers.)
Speech tips:
Please note that any statements involving politics will not be approved.