London: 020 7247 7190 Manchester: 0161 850 4095 Preston: 01772 369 450 Birmingham: 0121 728 6518
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London: 020 7247 7190 Manchester: 0161 850 4095 Preston: 01772 369 450 Birmingham: 0121 728 6518

If an employee is incapable of performing their job, either for medical reasons or due to lack of qualifications or ability, this can be a potentially fair reason for dismissal.

Except in serious cases or where the harm to the employer would be disproportionate, employers are expected to follow a reasonable procedure. Normally an informal approach is expected but if that doesn’t work then clear warnings and support should be given. Disciplinary meetings at which the employee is given certain protections (clear information and the right to be accompanied by a trade union representative or work colleague) under the ACAS Code (1).

The warnings may not apply in cases of gross negligence or where it is clear warnings would not work.

For help and advice on employment law,
call us today for an initial free telephone consultation with Gordon Turner

London 020 7247 7190
Manchester 0161 850 4095
Preston 01772 369 450
Birmingham 0121 728 6518

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