In Sutton & Gates (Luton) Ltd v Boxall  IRLR 486 EAT, the EAT held that the Industrial Tribunal had not erred in holding that the respondent employee's dismissal on grounds of lack of capability was unfair because he had not been given an opportunity to offer an explanation for his poor performance.
In Post Office v PA Mughal  IRLR 178 EAT, the EAT established that the general test of fairness in dismissing a probationary employee is whether the employer took reasonable steps to maintain appraisal of the probationer throughout the probationary period, giving guidance by advice or warning, and whether an honest effort was made to determine whether he or she came up to the required standard.
In East Lindsey District Council v G E Daubney  IRLR 181 EAT, the EAT held that a failure to investigate an employee's medical condition and prognosis prior to dismissal for capability would normally result in unfair dismissal.
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