There are two elements when dealing with capability problems within the workplace
. The first concerns those employees who have health issues that affect their ability to work and the second is a greyer area which concerns those employees who may be underachieving in their role.
Employees with health issues Although an employee with health issue may have an impact on the companys productivity levels due to restricted ability at work and days of absenteeism, these employees must nevertheless be approached carefully and with a sound knowledge of employment law. If it is a short-term period of illness the employee will be covered by statutory sick pay and the company should not be financially affected to a large extent. The issue arises when an illness becomes a long term condition and an employer must ensure that they follow certain procedures as detailed within employment law.
In the situation where the company is being adversely affected by long term sickness a company may decide to take action towards capability dismissal. However it is wise to employ an expert in HR consultancy for this type of process as it is imperative that the situation is handled correctly so that there is no room for accusations of discrimination.
The first step is to get a report from an independent doctor stating in their medical opinion whether the employee is likely to return to work within a time period that is acceptable to all. If it is confirmed that this is unlikely then an employer is within their rights to terminate the contract.
However discrimination on the grounds of disability is illegal and if an employee does have a disability then there should be steps taken to adjust their working environment within reason. This can include offering flexible working hours, helping with transport and also providing desks and chairs that have been adapted.
At NorthgateArinso we can help provide expert advice on all areas of employment law and human resources.