Employees “Abilities and Capabilities” – Workplace Risk Assessments

The employer has a ‘duty of care’ to make sure that the employees’ “abilities and capabilities” are suited to the position for which s/he was employed to undertake, and as such, do not pose a ‘risk of harm’ to the employee’s health.

The MHSWR 1999 R.13(1) states:

“Every employer shall, in entrusting tasks to his employees, take into account their capabilities as regards health and safety.”

The Health And Safety Executive “Management Standards” state:

“Employees indicate that they able to cope with their jobs – people’s skills and abilities are matched to the job demands – jobs are designed to be within the capabilities of employees.”

From our own experiences, the employer will endeavour at some point to call into question an employee’s “abilities and capabilities”.

This is part and parcel of the employer’s ‘dirty tricks campaign’ and usually undertaken as a reprisal due to the aggrieved employee having lodged a letter of grievance. However, such conduct by the employer may amount to either “victimisation” or “detrimental treatment” under the Equality Act 2010 and Employment Rights Act 1996.

The fastest way for an employer to boot an employee whom it no longer views as a ‘team player’ – is to use the excuse that the aggrieved employee was ‘under-performing ‘.

Performance Improvement Plan [PIP]

My wife Amy & I have helped thousands of people write letters of grievance to their employer to invoke the grievance procedure when the employer has put the employee on a PIP (performance improvement plan).

Usually, the employer will implement the PIP to get rid of the employee and manage them out of the Company to save paying redundancy. Please see the web page on this site titled – ‘Performance Improvement Plan‘.

It is often the case that a new line manager has come along who is indifferent to you, and wants you gone, or wants to bring one of their old work pals to replace you. If this is happening to you, then contact us. We have helped so many employees when they have faced this impossible situation, and have been very successful in getting the performance improvement plan dropped.

In fact, it is often the case that subjecting the employee to the performance improvement plan is discriminatory, as the employer has failed to articulate that the employee actually has an ‘impairment‘ which qualifies as a ‘disability’

Remember, you don’t have to be alone in going through your employment dispute with your employer. We took our own employers to the Employment Tribunal and know what you are going through. If you feel you need assistance writing your grievance letter Amy & I can write your grievance letter for you.

We only charge £35 for an initial telephone consultation up to one hour. During the initial consultation, we can talk through your employment situation, provide guidance, and support you from beginning to end.

Amy & I can assist you in avoiding the pitfalls that employees often make and help you understand the psychology behind the grievance process so that you get the upper hand. Remember, you only get one chance to get this right, so make sure you do just that!

Go on, don’t hesitate, pick up the phone and call us 07775943414 (9-5 UK) or email us at: myrightsuk@protonmail.com

My wife Amy and I work together and have over the past 15 years helped thousands of clients. Read our testimonials page.

Amy & I can write you a custom grievance letter for any of the following employment issues:

Reach out to us on 07775943414 (9-5 UK) or email us – myrightsuk@protonmail.com

We work 7 days a week because we know your employment problems don’t just end on a Friday afternoon!