Capability procedure

Capability is about ability, not blame

A capability concern arises when an employee may be unable to do the job to the required standard. That is different from misconduct, where the issue is unacceptable behaviour or a breach of a rule. A deliberate refusal to follow a reasonable instruction may be conduct; struggling despite genuine effort may be capability.

Check that the standard was clear and realistic, the person had the equipment, information and training needed, and the evidence covers a fair period. The Acas capability guidance says employers should support improvement before considering dismissal.

Give improvement a fair chance

Start informally where appropriate. Explain the gap with examples, listen for causes and agree specific improvement needed. Record support such as coaching, training, clearer priorities or more frequent feedback. Set a reasonable review period based on the role and the seriousness of the shortfall, not a standard deadline copied from another case.

A useful improvement record says what “good” looks like, how it will be measured, what support the employer will provide and the dates for checking progress. “Improve your attitude” does none of those things.

Account for health and disability

If health or disability may be involved, consider reasonable adjustments before fixing targets or moving further into the procedure. Adjustments may relate to the job, support, timescale or the procedure itself. For example, an adjusted target or longer review period may be reasonable where disability affects how or when the work can be done.

Dismissal is the last stage, not the plan

If adequate support does not produce the required improvement, a formal process may lead to a warning and ultimately dismissal. The employee should understand the concern, evidence and possible consequences, have a chance to respond, receive a reasoned decision and be offered an appeal. The Acas disciplinary framework can apply even where an employer labels the route “capability”.

Before dismissal, consider whether changed duties or a suitable alternative role are available. Keep the standards, support, adjustments, review evidence and decisions together. The record should show genuine help to succeed, not paperwork created after the outcome was chosen.

The 2015 Acas Code remains current in Great Britain. Revisit this page when a replacement disciplinary and grievance Code is published, laid or approved, or takes legal effect; draft rules are not yet the standard.