27/10/2020
Capability dismissals and disability.
There is a two year length of service requirement for bringing an unfair dismissal claim, however there are a number of exceptions to this, including where the reason for dismissal is completely or partly because of a disability.
So if you would ordinarily dismiss someone who is, for example, on probation by simply giving a week’s notice, where there is a disability involved you need to be much more careful about decisions and procedure.
https://face2facehr.com/capability-dismissal-and-disability/
Under the Employment Rights Act 1996 there are five potentially fair reasons for dismissal. For a dismissal to be fair, an employer needs to be able to show the reason comes under one of those categories, and that the decision was reasonable in the circumstances,