Solution

Unfair Dismissal for Capability

Under the Employment Rights Act 1996, capability encompasses an employee being unable to perform their role to an adequate standard, for reasons including poor performance, illness, or lack of qualifications (CIPD, 2024). Capability term can include long term sickness absence, consistently unmet targets or insufficiencies in the skills of an employee which prevent them from fulfilling contractual job expectations.

To dismiss someone for capability without having followed a fair, transparent, and supportive process would be unfair. The ACAS Code of Practice require employers to investigate concerns thoroughly, provide clear evidence and allow a reasonable opportunity to improve (Acas, 2024). For example, after the merger, it would be unfair to dismiss a staff member for underperformance without providing training, feedback, or a plan of support concerning the new ways of work. Dismissal should always be a last resort, once alternatives, such as redeployment or alternative duties, have been explored. For the merged public sector organisation, the new people practice team is tasked with ensuring managers always follow a fair procedure, documented at each stage, to ensure rights of employees and reduce legal risk.

Unfair Dismissal for Gross and Ordinary Misconduct

Ordinary misconduct consists of unacceptable behaviour

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