NHS Blood and Transplant People First

Capability FAQs

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A line manager feels that a member of staff is not pulling their weight, but they don’t want to raise the issue because the employee happens to be disabled. What should they do?
  • Disabled people have certain rights, which apply to them under the Equality Act 2010. The legislation states that the line manager must consider all 'reasonable adjustments' to the physical features of the workplace, and any practices that go on, so that a person with a disability is not put at a disadvantage in comparison with a non disabled member of staff. Occupational Health advice should be received on this.
  • This only applies if the line manager knows that the person is disabled or has a condition that might be a disability, or if the manager should know that they are.
  • Once a line manager has made all 'reasonable adjustments', the disabled member of staff is then required to perform their job to the standard that is set for them.
  • If making a reasonable adjustment does not resolve the issue, then the line manager should have an informal discussion with the person to find out if there are any underlying reasons for their poor performance.
  • In particular, the line manager should find out whether further adjustments are needed because of changes in their disability.
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