My employer says that I am not capable of doing my job. What can I do?

The law says that a lack of capability is one of the potentially fair reasons for dismissing someone. The allegation, therefore, should be taken very seriously.

Capability in law is assessed by reference to 'skill', 'aptitude', 'health' or any other 'physical' or 'mental' quality. It is, therefore, necessary to find out from your employer the reason and evidence as to why it is believed that you are not capable of doing your job.

If you have recently joined your organisation, or have taken on new responsibilities, or been promoted, it may be that these circumstances have given rise to your employer's perception. If there is any substance in this view it might be that you wish to explore, with your employer, opportunities for further development or training that will help you meet the demands of the job, or perhaps request your employer to give consideration to your doing an alternative job, to which you may be better suited.

If the perceived lack of capability has anything to do with disability then the law requires your employer to consider making 'reasonable adjustments' to enable you to perform and this should be drawn to your employer's attention. If your employer wants to dismiss you on the grounds of capability the statutory disciplinary procedures will apply. If your employer does not follow the minimum standard procedure this could result in an automatic finding of unfair dismissal.