To take this further at work

[thirdwheel]

Lurking for years but now need some reasoned advice please. I am a department manager with an assistant department manager I inherited when I joined the company, and a team underneath us. I am trying to not to divulge anything identifying so please bear with me. The assistant department manager has been massively underperforming without improvement so I was having to take more and more steps to manage this, which didn't go down well with him. He has been off on long term sick for months with depression. While off he has been telling the rest of the team he does not like me and I am the reason he is off. I have done absolutely nothing to warrant this and I have the full confidence of my managers and HR.

However, my managers and HR are reluctant to take this further due to him suffering with depression. I'm not upset or hurt by the comments because I know I have none absolutely nothing wrong and he is just hiding from/deflecting his problems. But I am angry he could treat me this way. All my managers have done is have a face to face meeting as part of his long term sick management and said, we know this has happened, it's not appropriate/professional/etc and here is a reminder of the conduct policy. I didn't admit or deny it but just sat in silence.

WWYD? Should I make a formal complaint? I don't want to come across petty or cause him further distress. But I also think this is a serious issue that is totally unacceptable, and I am not sure depression justifies this. Obviously will never get an acknowledgement/apology from him as so much time has passed with him being off.

Is there any option to suggest a sideways move for him?
Given his claim that all his problems are because of you, working in another team or department would be great for him and allow you both to move on.
And you'd be rid of him.
Win/win.

A formal complaint regarding him telling other members of staff he’s off because of you, is that what you mean?

Perhaps he does believe his depression is caused by perceived conflict with you. Can you prove otherwise?

In your shoes I would not complain. If he continues this when/if he comes back, that will be the time to complain.

I would do three things 1. make sure the meeting was minuted and distributed so everyone has a copy (and the wording can be agreed or challenged) 2. agree the communication to the wider team so they are aware the person off sick is being supported where possible then 3. go to your managers and HR to agree the next steps, timelines and operational requirements. In my opinion, both parties need to be respected and respectful and the communication is key. You need more support from HR but try and do it in a positive way not a complaint at the moment

If they are off long term I would be asking for a back fill with a view to making that a permanent new team member, and he can go to a new team if/when he returns.

The rest of it - whatever he is saying about you etc, you just need to ignore.

Concentrate on your long term aim which I imagine is that you don't have to manage him any more.

I was off long term because of my managers bullying. The first thing that happened is that I no longer had to report to her during my sickness.

You shouldnt be dealing with him if he is blaming you. Even if he is wrong. To protect him and you.

Someone else should be managing this. The ideal situation would be a sideways move. Again for him and you.

Not really sure what you want to achieve by making a formal conainy against him?

Thank you for your messages. I flip back and forth about what to do so will leave it. I assure you there has been zero bullying from me (if anything he has done the bullying but I have always risen above it and ignored it). I suppose I am pissed off because I know he won't apologise or acknowledge any wrong doing, which is why we are in the situation in the first place. There will be no sideways move because he is not even meeting 10% of his JD currently.

And he is having to report his absence to me, because they hope it will help him respect my position as his line manager. For the same reason I will eventually do his return to work planning meeting. Because of the complaints against me, my line manager, and her line manager, HR have been doing his KIT meetings (only one in 14 weeks so far), but no further action has been taken against the 3 of us.

I am surprised he is having to report his illness to you and that you will eventually do a return to work interview. Regardless of whether his complaints are justified or not, he still believes his sickness is due to you. If I was your HR team I would be advising against this as it would foreseeable cause more stress to him. I could easily see a stress claim being made here so tread carefully.

All my managers have done is have a face to face meeting as part of his long term sick management and said, we know this has happened, it's not appropriate/professional/etc and here is a reminder of the conduct policy.

I think that's all they can reasonably do. He is entitled to his personal opinions.

He is not entitled to keep slagging you off, so keep a note of any further unprofessional behaviour.

This person is saying they are off because you caused them MH problems.

You absolutely should not be doing any of his absence or return to work. Wether his performance is bad or not they should offer a side step.

Because he can claim that the company knew the impact on his mental health and essentially forced him out by making him deal with you.

You are nor being supported correctly either.