Capability and dismissal checklist

• procedures: what disciplinary and/or capability procedures exist if the investigation of a worker’s sickness absence concludes that termination of employment is a possible ultimate outcome?

• penalties: what penalties can the employer apply, up to and including dismissal?

• appeal: what is the right of appeal for the worker if adverse conclusions are reached?

• is the employee disabled? Have all reasonable adjustments been made? Do the employer’s reasons for dismissal justify a dismissal decision despite its discriminatory impact?

• is there a collective response? There are many instances where unions have responded collectively to sick pay problems, some of which are referred to in this booklet.