Dismissal on grounds of capability

In all cases where dismissal is considered early advice must be sought from the Sector Personnel Officers.       

There are generally speaking two grounds on which an employee may be dismissed on grounds of capability.

Poor performance or incompetence

A failure to achieve the required standards due to the inability of the individual to perform the necessary duties and responsibilities of the job (evidenced by lack of ability or aptitude, skill, qualifications, knowledge, etc).

Medical incapacity

Where the continued employment of an employee is no longer feasible due to illness, which has resulted in long-term absence or persistent short-term absences, which are not sustainable operationally and where the possibilities of reasonable adjustments that could be made to allow the employee to continue working have been carefully explored.

Dismissal on either ground may only be made after taking the steps set out in capability guidance and in compliance with the appropriate formal procedures:

Academic staff

  • the procedure for poor performance or incompetence is Statute XII, Part D
  • the procedure for ill health is Statute XII, Part E
  • for academics in the initial period of office Sector Personnel Officers should be consulted.

Academic-related staff

Support Staff

  • the procedure for poor performance or incompetence and ill health is section 8.2 of the handbook for support staff
  • for employees on probation the procedure is section 8.3 of the handbook for support staff

The University does not regard medical capability as a disciplinary matter. However, where an employee’s sickness absence renders him or her incapable of satisfactorily carrying out his or her duties, with the result that the employing department cannot continue to sustain his or her employment, the steps in the formal disciplinary procedure are used as a fair and reasonable way to warn the employee of his or her position and, where necessary, to terminate employment. In such cases the il employee will, of course, be treated with particular sensitivity and correspondence with employees will refer to medical capability and not to misconduct or poor performance.

An employee must be given the appropriate period of notice of dismissal and notification of his or her right of appeal. Only formally authorised members of the University (normally Heads of Department and Departmental Administrators or equivalent, who have been issued with the appropriate letter of authority) may action dismissals.