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Jenny Kevan

Orange Business Services

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Capability dismissal training


As part of a training programme on Employee Relations, I want to include a half day on capability dismissal. Does anyone have any tips, training materials, etc. that they can recommend?

4 Responses

  1. it depends what you want to achieve….
    I presume that “capability dismissal” is what used to be called “sacking”; if so it should usually* only come at the end of a longer process under your performance management or discipline policies. You would need to define whether you have already equipped managers to understand this relationship before you started on the subject itself.
    Your approach will also have to take into account your organisation’s policy regarding a manager’s authority to do this with or without higher authority or specialist HR advice.
    You then have the entire gamut of legislation regarding unfair dismissal and unfair discrimination to consider, as well as aspects of the Data Protection Act and issues such as references, PILON, pension rights and so on.

    *capability dismissal can include summary dismissal in certain circumstances.

    This probably isn’t what you wanted to hear but hopefully it helps

  2. No useful resources but…
    … I did something similar a couple of years ago when a public sector client rolled out new disciplinary and grievance procedures. We did the ususal case study work and I was surprised how keen the delegates (senior and middle managers) were to solve all problems by dismissing the staff concerned. The HR managers were the worst – “Sack ‘ em all”, they said. They got very defensive when I – playing devil’s advocate – suggested that they should first ask themselves if they’d recruited the right person and then given them all the training, tools and support they needed to do the job properly. I’d recommend, if possible, that you throw in a couple of examples that challenge managers to consider their own performance when a capability issue arises. Once my group had grasped this their suggestions were a lot more positive and creative (retraining, redeployment, mentoring etc), and they treated the remaining cases where dismissal was inevitable much more seriously and professionally.

    Best of luck with this,

  3. Capability = poor attendance/sickness absence
    We have the correct policies and procedures in place and I was looking for materials to assist with training in difficult area of dismissing someone due to poor attendance/sickness absence, not conduct or poor performance (I have those).

  4. Capability
    Much safer and wiser to treat sickness absence as a totally seperate issue. Capability is wholly about whether an employee can carry our their duties effectively. This should be handled through the performance management cycle. The disciplinary procedure should run hand in with this.

    Frank Maguire
    Line Management Solutions

Author Profile Picture
Jenny Kevan

Program Manager

Read more from Jenny Kevan

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