Capability and dismissal checklist
[ch 4: page 50]• 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.