ET3 Form Defence Against Employee Unfair Dismissal Claim (Capability Ill Health)

This legal template is designed to assist employers in defending against an unfair dismissal claim raised by an employee due to capability related to ill health. Under UK law, it is crucial for employers to properly address and respond to such claims to protect their rights and interests.

The ET3 Form, also known as the Employer's Response form, serves as a formal response to the initial claim filed by the employee with the Employment Tribunal. In this particular case, the employee claims their dismissal was unjust as it occurred due to their capability to perform their job effectively, which was affected by their ill health.

This template provides a structured format and prompts employers to outline their defense strategy against the employee's claim. It helps employers present factual evidence and arguments, establish a valid justification for the dismissal, and demonstrate that due process was followed in dealing with the employee's illness-related issues.

The template might include sections to explain the employer's actions taken to address the employee's ill health, such as providing necessary support, accommodations, or adjustments to their role. It could also cover the steps taken to assess the employee's capability and explore alternative roles if possible. The response may highlight any medical advice or opinions obtained regarding the employee's ability to fulfill their job duties adequately.

Furthermore, the template may outline the employer's efforts in holding discussions or meetings with the employee to address their concerns, provide feedback, and discuss potential resolutions. It might address any disciplinary actions that were taken and explain how the decisions were made, emphasizing the objective reasons related to the employee's capability or its impact on the business.

Overall, this legal template aims to enable employers to present a comprehensive defense against an unfair dismissal claim, focusing on the employee's capability and ill health issues. It ensures compliance with UK employment laws and assists in guarding the employer's interests in relation to the specific circumstances of the case.