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This area covers when an employer ends employment because an employee’s performance or conduct is linked to disability or health, and how a fair capability process should be conducted under employment law. A solicitor in this field drafts and reviews the stages of capability assessment, gathers medical evidence, advises on reasonable adjustments and disability rights, and handles any appeal or tribunal challenge if the dismissal is disputed. They represent the employee or advise the employer on compliance, risk, and potential remedies.
Dismissals for capability hinge on a fair, well-documented process, clear benchmarks of performance or sickness management, and timely decisions. A solicitor provides protection through awareness of statutory duties, unauthorised conduct rules, and potential remedies such as reinstatement, re-engagement, or compensation, with attention to any occupational health or accommodation issues that shape outcomes.
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