What is ill health capability?
Ill health capability refers to an employee’s ability or inability to do their job by reason of sickness. By law, where an employee is incapable of performing work of the kind that they were employed to do, either adequately or at all, this amounts to potentially fair grounds for dismissal.
What should a school’s absence policy include to comply with the Equality Act 2010 for managing staff absence?
Sickness absence policies must be compliant with the Equality Act 2010, which covers discrimination around age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. These categories are known as ‘protected characteristics’.
What is the purpose of a capability policy?
The purpose of the Capability Policy is to provide a framework for managing underperformance in a fair and consistent manner. The Policy differs from the Disciplinary, Sickness Absence and other policies as its primary focus is that of improving performance to the standard required.
What is a capability procedure?
Capability is about an employee’s ability to do their job. For example, if an employee becomes unable to do their job due to an illness and adjustments or support cannot help. For a capability issue, the employer should follow either: a capability procedure, if they have one. a performance management procedure.
Can I give up work due to ill health?
If you need some time off work to manage your health, sick leave can allow you to return to work when you feel well enough. If working is affecting your health, you might consider stopping work. But before this, think about: reasonable adjustments.
Can the NHS sack me for being off sick?
Illness. If you are persistently off sick, or on long-term sick, your employer should normally look at any alternatives before deciding to dismiss you. For example, they might have to consider whether the job itself is making you sick and needs to be changed. You can still be dismissed if you are off sick.
Can NHS sack you for being sick?
You can be dismissed if you have a persistent or long-term illness that makes it impossible for you to do your job. Before taking any action, your employer should: look for ways to support you – for example, considering whether the job itself is making you sick and needs changing.
What is the Bradford score for sickness?
What is the Bradford Factor? The Bradford Factor is a formula commonly used in HR to measure employee absence. It’s a number that represents how many un-planned absences an employee has taken during the last working year. Generally, the rule is that the number increases with each bout of absence.
What is the capability procedure?
The purpose of a capability procedure is to allow your employer to deal with any concerns it may have about the performance of its employees. An employer is entitled to manage performance, provided it does so for a genuine reason.
Can you be sacked at a capability meeting?
If your employer believes that you are not performing your job up to the required standard they could terminate your employment on the grounds of capability. This could happen because if they perceive you don’t have the right aptitude or skills needed for the position.
What is the ill health capability ordinance policy & procedure?
The Ill Health Capability Ordinance Policy & Procedure applies to all University employees. 3. 3.1. There are a number of steps that a line manager and/ or chair of an ill health capability hearing (in consultation with HR) need to follow, in line with legal requirements when handling a case of ill health capability.
Can a persistent ill health claim be dealt with under Capability/competence procedures?
The union has argued (and continues to argue) that allegations of misconduct or incapability arising from persistent ill health should not be dealt with under capability/competence procedures. What does it mean to be put on ‘informal capability’ procedures?
What is the capability requirement policy?
This policy applies equally to full time and part time employees on a permanent or fixed- term contract. This policy applies where there is a genuine lack of capability displayed in the work that the employee is asked to deliver (e.g. lack of skill, aptitude, knowledge or ability).
When should the capability procedure be used?
The use of this capability procedure must be distinguished and kept entirely separate from initial support provided under the appraisal procedure. It should only be used after such informal support has been provided. The appraisal process will be suspended when the capability procedure is invoked.