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Dismissal and capability

What a fair capability dismissal process should involve when ill health is the reason, and how this links to discrimination law.

Guidance, not legal advice. This page summarises official UK sources listed below. What applies to you depends on your circumstances and nation.

Last reviewed
1 August 2026
Next review due
1 February 2027

Capability dismissals

An employer can potentially fairly dismiss someone on capability grounds, including long-term ill health, but only after following a fair process. This usually includes medical evidence, consultation with you, consideration of adjustments and redeployment, and warning that dismissal is being considered.

Where discrimination law applies

If the real reason for dismissal is connected to disability, or reasonable adjustments were not properly considered, this can amount to unlawful discrimination as well as (or instead of) unfair dismissal, even where you do not have two years' service, which is usually needed to claim ordinary unfair dismissal.

What to check

  • Were you consulted properly and given a chance to respond to medical evidence?
  • Were reasonable adjustments and redeployment genuinely explored?
  • Were you given the right to appeal the decision?

Checklist

  • Get a copy of any occupational health report used in the process
  • Ask for the specific reasons for dismissal in writing
  • Get advice quickly, since time limits for tribunal claims are short

Where to get help