Employees can be dismissed on the grounds of lack of capability, for example poor performance, as it is one of the statutory fair reasons for dismissal.

In the case of performance, dismissal should be the final step and taken only if your performance has not improved after warnings.

Your employer should have made the required standards of performance known to you, offered you training if appropriate, and provided you with sufficient opportunity to improve.

Employers should not apply unreasonable standards. Company standards should be achievable by the majority of employees doing the job. Where the employee is disabled, employers also need to have considered what reasonable adjustments could be made and have taken steps to avoid needing to make a dismissal.

Your employer will usually have their own ‘capability policy’ (which may be a part of your employer’s disciplinary policy). Your employer must act fairly and in accordance with their policy. At various points in a capability process you will be entitled, by law, to have a UNISON rep or officer represent and support you.

If you are, or think you will be, subject to capability action by your employer, contact your UNISON rep or the branch office.