A key misconception in capability processes is that prolonged absence equates to incapability. This is not supported by case law.

In BS v Dundee City Council, the court confirmed that absence alone is not sufficient justification for dismissal. Employers must understand whether a return is possible and what support may enable it.

The focus should shift from absence to capability. Without this shift, organisations risk making premature and legally unsafe decisions. Capability must be assessed with evidence,not assumption.