NHS Blood and Transplant People First

Capability FAQs

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What if the line manager is worried that they’ll be accused of harassment or disability discrimination if they tackle a particular staff member’s poor performance?
  • If someone is not doing their job properly, it is a line manager's responsibility to find out the reason.
  • If the reason for the staff member's poor performance is because they are disabled, then under the Equality Act 2010 the employer has a duty to make “reasonable adjustments” to accommodate their needs.
  • If someone accuses a line manager of harassment because they are trying to manage their poor performance, the line manager should refer the matter to their own manger.
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