If you aren't trained properly then would dismissal for non-capability be unf..
UK unfair dismissal laws require an employer to only dismiss their employee if they have a fair reason for doing so and if they follow a fair process.
Whilst much is made of the unfair grounds for dismissal, such as discrimination or a failure to respect employment rights, it can be difficult to know what would constitute a ‘fair’ reason for termination.
Unsatisfactory conduct and non-capability are the two main ‘fair’ grounds for dismissal.
Non-capability encompasses a relatively broad range of aspects of the employee’s factors that might contribute to an employee’s performance.
A ‘capability’ dismissal relates to an employer’s skill, aptitude, health or any other physical or mental quality. A capability dismissal might be a ‘fair’ reason for termination if the employee is either incapable or unwilling to carry out their job to the required standard. Their non-capability may be because they are not suitably qualified or otherwise do not have the required skills or aptitude for the job. Or, it may be because they are ill and unable to attend work regularly or to perform their job correctly while at work.
However, although non-capability can be a fair reason for dismissal, the employer must nonetheless still follow a proper process in making a dismissal on this basis, this usually requires the employee to have been given warning of their unsatisfactory performance and given an opportunity to improve their performance.
Employers must be particularly careful to follow a fair process when dismissing an employee on the basis of their health. Dismissals based on an employer’s health run the risk of falling foul of the UK’s non-discrimination laws as well as provisions regarding sick leave and medical needs. Therefore, when dismissing for health reasons it is advisable for an employer to get legal advice from an employment law solicitor.
Where the non-capability issue is regarding the aptitude or skill of the employee, the employer should carefully consider whether it has taken appropriate steps to ensure the employee receives training and support.
If you have been dismissed for your alleged non-capability, you may wish to seek legal advice from an employment law solicitor.