capability

04

Aug

2021

Disabled Teacher Sacked on Capability Grounds Wins Employment Appeal

Sydney Mitchell's picture

Written by Sydney Mitchell

Employers are entitled to dismiss workers who are incapable of adequately doing their jobs – but what if such incapacity arises from a disability? The Employment Appeal Tribunal (EAT) addressed that issue in a case concerning a teacher who suffered...

21

Jun

2021

Dismissing Disabled Employees on Capability Grounds – Don't Be Hasty

Sydney Mitchell's picture

Written by Sydney Mitchell

There are few more sensitive tasks than dismissing disabled employees on grounds that they are not capable of doing their jobs. An Employment Tribunal (ET) decision in the case of a construction project manager stricken by arthritis underlined the...

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