Originally Posted by
G-MILF
The point the tribunal is making isn't that the individual wasn't capable, it was that Flybe didn't follow its own HR procedures. Had they have done, the tribunal agrees that it is most likely the individual could have been fairly dismissed on capability grounds. It is very common in the tribunal system that they find against a respondent purely on the basis they didn't follow process rather than disagree with the outcome.
So the result was equitable and reasonable, but because of some procedural detail missed in reaching that result, we're going to reverse that reasonable, equitable result?