Employees “Abilities and Capabilities” – Workplace Risk Assessments

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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 capabilities as regards health and safety.”

The Health And Safety Executives “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” especially after lodging a letter of grievance. 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 i.e., victimisation. 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 who it no longer views as a ‘team player’ – is to use the excuse that the aggrieved employee was ‘under performing‘. On each of the three occasions I have invoked the grievance procedure, each employer sank to this level of skulduggery. This is why I suggest, that at the time you lodge your letter of grievance with your employer to invoke the grievance procedure, you make it clear that the discrimination, harassment and/or workplace stress purported upon your person has had and is having a profound and detrimental impact upon your abilities and capabilities (see the grievance letter example).

This way, an attempt by your employer to pull this little number out of the goodie bag, will potentially amount to (i) “less favourable treatment” (ii) “victimisation” or (iii) “detrimental treatment” under the Equality Act 2010 / Employment Rights Act 1996, making it potentially liable to pay you compensation.

My wife Amy & I have created the following new webpages for 2026:

• 20 Hot Tips on how to write a grievance letter.
• Free grievance letter example for ‘work-related stress, bullying, harassment and discrimination’.
• What not to say in a grievance meeting.
• How to win a grievance appeal.
• How to fight and beat a Performance Improvement Plan.
• Covert recordings.
• Pregnancy & Maternity Discrimination.
• Whistleblowing

Performance Improvement Plan [PIP]

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Amy & I have helped countless 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. 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. Amy & I 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’.

In Ministry of Defence v Hay (2008) Mr Justice Langstaff reminds us that the concept of disability in the Act is not a medical model, but a ‘functional’ model because the definition focuses on ‘impairment’. An ‘impairment’ is not the same as a ‘disability’. It is directed towards what a claimant cannot, or can no longer do at a practical level. Thus a constellation of symptoms which lasted over 12 months, even though the precise disability on which the claim was based according to expert evidence would have lasted less than 12 months, can be regarded as a combination of impairments with different effects, to different extents, over periods of time which overlapped and which constitutes a qualifying disability.

Amy & I have 26 years combined experience helping clients like you. Please reach out to us if we can assist you on any of the following topics

• You need to raise a grievance letter for bullying and harassment at work.
• You need to raise a grievance letter due to a toxic working environment.
• You need to raise a grievance letter against a coworker.
• You need a constructive unfair dismissal grievance letter.
• You are suffering from work-related stress.
• You want to know stress at work employee rights UK.
• You want to raise a grievance for work-related stress.
• You are being subjected to an unfair sickness absence procedure.
• You need to know your rights about attending sickness absence meetings.
• You want to know your employee rights occupational health report.
• You want to know what not to say to occupational health UK.
• You need to know how to write a resignation letter to your workplace.
• You have been subjected to bullying and harassment at work and want to raise a grievance at work.
• You have been subjected to unfair treatment at work and want to submit a complaint letter.
• You have been subjected to discrimination at work and want to submit a complaint letter.
• You have been put on a capability or performance improvement plan and want to know how to beat it.
• You want to know how to beat a disciplinary hearing.
• You want to know how to beat an unfair disciplinary workplace investigation.
• You are being investigated at work and want to know your employment rights UK.
• You have been suspended from work and want to know your employment rights UK.
• You need to blow the whistle to your employer UK.
• You have been put on an unfair disciplinary.
• You have been unfairly dismissed and want to know your employment rights UK.
• You are being subjected to victimisation at work UK.
• You need to appeal a grievance outcome.
• You need to appeal a disciplinary outcome.
• You need to appeal a capability outcome.
• You need to appeal a performance improvement plan outcome.
• You want to know your employee rights UK for a performance improvement plan (PIP).
• You need help with a pay related matter.
• You are being performance managed / micromanaged and need to know how to get out of it.
• You are being subjected to workplace mobbing and want to raise a grievance at work.
• You have been asked to attend a workplace investigation and want to know your employee rights UK.
• You need to know your employee rights reasonable adjustments equality act 2010.
• You need a grievance letter example template for pregnancy and maternity discrimination
• You need a letter of grievance for sexual harassment in the workplace.
• You are being subjected to discrimination because of pregnancy or maternity.
• You need help identifying reasonable adjustments for disability discrimination.

Visit our testimonials page.

Reach out to Sam & Amy at: myrightsuk@protonmail.com or call during working hours 9-5 on 07775943414.

Sam and Amy charge £35 for an initial telephone consultation up to one hour, and £50 an hour thereafter.