Hi
Looking for thoughts and examples of dismissing for combined capability / conduct.
Employee on FWW for absence (had been LOC, OW, WW before this – all absence related).
The FWW was extended for a driving incident (alternative would have been to dismiss).
Employee then dismissed under misconduct for a second driving accident (causing thousands of pounds damage).
Although we always try to keep capability and misconduct issues separate – on this case we could not.
Anyone know of case law to cover this?
Alex Hughes