the dismissal was not based on an honest and genuine decision on reasonable grounds. The tribunal cannot take account of industrial pressure to sack somebody. If the employee proves that there could have been a competing reason then the burden shifts back to the employer to prove that their alleged reason was the main one. The reason might not be as the employer said, as they might have been wrong on facts or law, short of evidence, or have been trying to be kind to the employee by dressing up capability as redundancy. The tribunal can decide the reason was different from what either party claims, as long as it gives the parties the chance to change their case. Employers can, at the risk of reducing credibility, plead alternative reasons. Where the dismissal was the employee's fault and he knew it, a fake reason given by the employer does not automatically mean unfairness. To prove the reason, the employer cannot dredge up what it did not know until after the termination, nor can it blame events that happened after termination, although this could all be relevant to the remedy available, e.g. the compensation could be reduced to as low as nil. The employer can, however, take account of what happens between giving notice and termination. Capability and qualifications Capability is mainly about ability, which can be affected by aptitude or training. Incapability is distinct from disability, where an employer must include and give reasonable adjustments to the disabled person under the Equality Act 2010. Incapability has also been distinguished from misconduct as being "sheer incapability due to an inherent incapacity to function". The underperforming, or unadaptable and inflexible employee could be fairly dismissed on ground of capability. For incompetence, the employer must normally give a warning and time to improve unless it can prove the employee already knew what was required. If the employee could not have improved then that is not necessarily an excuse not to warn and wait, but could justify a reduction in compensation, although any reduction in compensation based on allegations that employment would have come to end anyway are subject to the tribunal asking the parties about the probability. If the employee has long service with no complaints or has just had a good appraisal it will take a while for the employer to prove it has given a fair chance of improvement or it