Employer putting pressure on struggling staff member

[WeeMoose]

We recently went through a restructure and the outcome has created a skill gap. Their solution is for one employee to pick up alot more responsibility.

Employee is already struggling with mental health and also the role in general (training plan in place and additional support agreed). What has been proposed will increase her workload and the pressure she is under. I've discussed this extensively with the manager and also showed that the tasks they want completing are above her pay grade, their solution is to have the salary re-evaluated with no regard to the fact she's needed alot of support in the role at the grade below and will not cope. She will end up being sacked.

I've fought her corner as much as I can but I don't have the authority to overide the decision, we're to meet again next week to discuss next steps.

What can I do to help this girl if anything? I've made my feelings regarding their style of management quite clear. It's tricky but I can't involve HR because of the team dynamics. Any advice on anything practical I can do? If I tell her I'm risking my own job, I'm already looking for something else and if I get something I'd have no qualms telling her everything and suggest she gets out ASAP.

I've pushed for an occupational health referral which I think will temporarily shield her but not indefinitely.

You’re in a horrible situation.

I’m not unsympathetic to your co-worker, but if she’s struggling as badly as that with her existing job then perhaps it’s ultimately for the best that she does move on, and find a role that suits her better.

How long has she been there and is she coping okay with support where she is?

If she's been there over 2 years, and is coping with what she's doing, it looks like she might have a case for constructive dismissal. Do you think it's a way to try and get her to leave easily?

She's been with us just over a year, I implemented support measures last year and she improved to standard however, I was then off after an operation and the adjustments were removed despite the recommendation for them to continue for 6 more months. The role is complex and its not unusual for us to see more junior members of the team need ongoing support for the first 12+ months.

I do feel like it's a deliberate move to get her to leave. The mental health aspect we were aware of at appointment stage and it was agreed adjustments would be made to accommodate.

She doesn't fit into their desired restructure so they are changing the role so she is effectively outskilled by the job. It's just shitty management and cost saving over the existing employees. We have really good terms at our company so she would see a redundancy payoff despite the short service if they took that route and they don't want to do that so they'll force her out by making her quit or using capability even though its above what she applied for.

Listening to them trying to justify taking someone who is struggling and give them more responsibility was laughable. I've told them this but they continued to try.

It does sound like you're right that it's a deliberate strategy to be able to get her to leave or sack her after following a capability process. My guess (not knowing your company of course) is HR aren't likely to help as, whatever they may say, they work for the company's interests not the employees' and if this is management direction, they'll fall in line with it unless they think it will end up in a tribunal.

Is there a more suitable role to her grade in the organisation?

It sounds like they are making her current role redundant.

If she's got acknowledged mental health issues, then she can claim constructive dismissal with under 2 years service under discrimination.
I'd have thought she would stand a good chance if they removed her support after 6 months, despite it being advised for 12 months too.

Unfortunately I think they also know that the chance of her feeling able to follow through with that is pretty slim. I'm going to follow up the meeting in writing and do the same with the next one as I do wonder if it will act as a deterrent when they see the conversations documented in writing.

Agree with this. Not only have they removed the adjustments but they are planning on giving her additional work when she’s already struggling. These things would both fall under discrimination.