Few issues are as difficult or complex for employers as medical capability dismissals. A medical capability dismissal is an eventuality that nobody wants to face. Unfortunately, it is sometimes unavoidable, both to protect the employee’s health and ensure your business’s efficacy.
Medical capability dismissals necessitate employers balancing compassion for their employee with their business needs while ensuring strict legal compliance to avoid falling foul of employment legislation. It is an issue that most business leaders require expert support to navigate. That’s where our HR consultants come in. We will guide you through any medical capability dismissal, offering the support you need and ensuring that your actions are fair and legally sound.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
What Is A Medical Capability Dismissal?
A medical capability dismissal refers to a situation in which an employee’s employment is ended because their health prevents them from doing their job, even after their employer has made or considered any reasonable adjustments that may assist them in doing so.
It is crucial that employers follow a fair and proper procedure when considering making a medical capability dismissal. Depending on the circumstances, this might include seeking medical advice, exploring options such as redeployment or reasonable adjustments, and consulting with the employee. These measures can reduce the likelihood of the affected employee making unfair dismissal or disability discrimination claims.
How Should You Handle A Medical Capability Dismissal?
A medical capability dismissal should always be a last resort. You should offer support for unwell employees and allow them sufficient time off work to recover from their health problems. Sometimes, though, their ongoing inability to work can disrupt your business and impact your commercial operations. In these situations, you may be justified in making a medical capability dismissal.
Before making a medical capability dismissal, you must ensure that you understand the true nature of the employee’s health condition. You should begin by obtaining a medical report from the affected employee’s GP. You must seek your employee’s permission before doing so, and they have a right to review any report before you do.
In addition, you should arrange for the affected employee to be assessed by occupational health. An occupational health report assesses the employee’s health problems in relation to their specific role in your organisation. It answers key questions, such as whether the employee is likely to ever be fit to return to work, what impact the condition will likely have on their capability to do their job, and what reasonable, practical adjustments you could make to facilitate the employee’s continued employment.
Once you have a clear understanding of the employee’s health condition, you should consider whether you could make any reasonable adjustments to the employee’s situation that might enable them to continue working. This step is particularly pertinent when the employee’s condition amounts to a disability under the Equality Act 2010.
Examples of the types of adjustments you might consider making include:
- Offering flexible working hours.
- Offering remote or hybrid working
- Changing the employee’s duties or workload
- Changing the employee’s role
- Altering your absence management policy
Crucially, you must consult with your employer about these options. Making a unilateral decision without speaking with the employee increases the likelihood of you facing an employment tribunal claim.
If, and only if, the medical evidence confirms that the affected employee is highly unlikely to be in a position to do to their role, and you have considered all possible reasonable adjustments, you may consider making a medical capability dismissal. When doing so, it is vital that you follow a fair procedure. If any of your decisions are unfair or unjustified, the affected employee may have grounds to make a tribunal claim against you.
Our HR consultants will advise you on the process you should follow in the specific circumstances of the case. The process will likely involve inviting the employee to a capability meeting to discuss the issue openly and explain why you are considering making a medical capability dismissal. Your discussions might include exploring the employee’s medical condition and their limitations, discussing the medical evidence, and considering whether any reasonable adjustments might enable them to remain in their job.
If, following the meeting, you believe that a medical capability dismissal is unavoidable, you should inform the employee of your decision in writing. The employee must be allowed to appeal your decision if they wish.
Medical capability dismissals are an incredibly thorny issue for employers. Taking advice from experienced HR advisors like ours as soon as the issue arises will ensure that your actions comply with the law and can help preserve your relationship with the affected employee and your workforce in general.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
