Ep. 60 - What does a fair capability dismissal look like?
Emma Williams and Charles Pigott explore the lessons from recent case law about the essential requirements of a fair capability procedure.

Emma Williams and Charles Pigott explore the lessons from recent case law about the essential requirements of a fair capability procedure.
Alex Lowe and Laura Brown explore the latest amendments to the Employment Rights Bill and catch up on recent case law (recorded 30 April).
Danni Belbin and Charles Pigott explore the Court of Appeal’s first ruling on the expression of gender critical beliefs: Higgs v Farmor’s School.
Amy Durham and Charles Pigott explore the new neonatal care leave regime, which will take effect next month. They also highlight what changes are in the pipeline for other types of statutory leave.
Alison Williams and Charles Pigott explore the future of hybrid working, taking in the latest case law and policy developments.
In this episode, Rory Johnson and Charles Pigott discuss the latest whistleblowing case law and plans for reform.
Remziye Ozcan from Mills & Reeve along with Will Sambrook and Adam Brown from Akenham explore how to manage performance in the workplace from day one of employment, guiding listeners through the crucial stages of recruitment, onboarding and then ongoing performance management. They also cover the transformative power of having the right “Emotional Architecture” in place and how this supports better performance and wellbeing, especially in today’s rapidly changing employment climate.
Lindsey Hill and Charles Pigott look back over the key employment law developments of 2024.
Sian Jackson and Charles Pigott analyse what the Bill says about the proposed new protections for workers engaged on zero-hours contracts and other similar arrangements.
Fiona Longden and Charles Pigott explore the measures in the Employment Rights Bill 2024 which will remove the current two year qualifying period for unfair dismissal rights, and introduce a new light touch regime for dismissals during a statutory probationary period.
Amy O’Brien and Charles Pigott discuss the practical impact of the new duty requiring employers to take reasonable steps to prevent sexual harassment, which comes into effect on 26 October 2024.
Angela Lown and Charles Pigott discuss the changes to trade union and industrial action law announced in the 2024 King’s speech.
Lindsey Hill and Charles Pigott discuss two recent cases on the scope of waivers that can validly be included in employment settlement agreements.
Carrie March and Charles Pigott explore the implications of a key ruling from the Employment Appeal Tribunal on reasonable adjustments and trial periods.
Abisola Latunji-Cockbill and Charles Pigott discuss the new rules on holiday accrual and the calculation of holiday pay for part-year and irregular hours workers.
Nick Price and Charles Pigott discuss four key changes that are likely to have an impact on users’ experience of the employment tribunal.
Remziye Ozcan and Charles Pigott draw out the lessons to be learnt from recent case law about handling internal appeals.
Kate Watkins and Charles Pigott outline the law and discuss emerging best practice.
Charles Pigott and Lindsey Hill discuss key employment cases from 2023 and explain what legal changes to expect in 2024.
Amy Durham and Charles Pigott assess the lessons to be learnt from two recent unfair dismissal cases involving employee misconduct.
Alex Curnow and Charles Pigott explore the legal issues arising from bringing animals into the office environment – whether these are assistance dogs, emotional support animals or simply pets.
Jameel Mann and Charles Pigott explore the extent to which confidentiality can and should be maintained during workplace investigations.
In the aftermath of the dispute between the BBC and Gary Lineker, Samantha Love and Charles Pigott explore the extent to which employers can legitimately impose restrictions on what their employees say in a private capacity.
Emma Williams and Charles Pigott discuss a Government-backed private member’s bill, which will introduce a new right for workers with unpredictable working conditions to request a more predictable contract.
Amy O’Brien and Charles Pigott select their top employment cases of 2022 and highlight some of the legislation currently before Parliament which will be of particular interest to employers.
Amy O'Brien and Charles Pigott explore the benefits of offering witnesses training - unrelated to the case in which they are involved - to help them prepare for the experience of giving evidence at an employment tribunal.
Siȃn Jackson and Charles Pigott discuss some recent cases which have helped define the scope of protection against discrimination for those holding philosophical beliefs.
Amy O’Brien and Charles Pigott discuss the immediate legacy of the Supreme Court’s decision in Uber, just over a year after the announcement of the ruling.
Alison Williams and Charles Pigott explain the new guidance which took effect on 1 April and explore its implications for employers.
Kate Watkins and Charles Pigott discuss the legal framework regulating dismissal and re-engagement, and highlight two recent examples which illustrate the pitfalls that employers embarking on this process need to avoid.