I'd be pissed off too! I would just call their bluff. I think they use words like 'capability hearing' as a threat but in fact there isn't much they could do even at one of those if they have so far not provided you with the counselling that you requested or proper treatment for the injury that you sustained at work. Even if they did decide that you were not 'capable' on health grounds then they have to make 'reasonable adaptations' to your work to enable you to do your job under the disability discrimination act. My experience of HR type persons is that they have very litte knowledge of the law and make it up as they go along in the hopes that you won't notice! Read up on it and fight back!