Issue with employee. HR opinions welcome

[cocochanel73]

I manage a small team of office staff. A few months back I put one of them, let's called him "Tim" on a performance plan. This was due to performance issues and my concerns over his capability to do the job. Tim had been on my team about 3 months at that point. He agreed to the plan and any extra support that I suggested.
Fast forward a couple of weeks after being put on the plan, Tim broke down during a 121 and disclosed a mental health problem, said this is what is affecting his work. Seeking HR advice I removed Tim from the plan and instead referred him (with his agreement) to talking therapies. He also went to his GP and got some tablets to help manage the condition.
Tim had been having therapy and was on strong medication last year before joining my team, but the end of his therapy was just before he joined the team (he's provided me with evidence to verify all this btw). So, throughout his short time on my team he hasn't been feeling great, and this shows in his work.
To show compassion towards him, I thought it unhelpful to keep him on the informal performance plan as this could stress him further.
Occupational Health are involved too.
Since being taken off the plan, Tim has made 2 more mistakes which have taken me a lot of time to rectify, and could have potentially cost approx £500 in losses.
He's taking the rest of this week off (annual leave), but not sure how to go forward.
Would I be best to reinstate the performance plan?

I would reinstate it.

He needs to get his shit together.

Mistakes that cost money mean that his problems shouldnt become yours. I'd find a way to have him removed frankly.

Does he need to take some time off sick or reduced hours?
What about working alongside someone else and doing peer reviews / mentoring?

I probably would reinstate it, but I might look at some add on support and some reasonable adjustments. I'd want a view from OH as to how best to do approach a plan and what support he might need to succeed (which is obviously the purpose - for him to succeed at it); and I might think about whether a mentor or something might help too.

I definitely wouldn't "find a way to have him removed" - I would set out a clear performance plan with support in place, and I would do everything I could to turn this around. And I would document that so that if I had no choice but to take things further I could show fairness in what I had done. I don't need "a way to have him removed" because there is a legal and fair way of dismissing / relocating if one must, but no good manager wants to get there if they can avoid it. That's the right thing to do, the fair thing to do, and more to the point, it's the one that doesn't land you in a tribunal with no legs to stand on.

I'd ask him to take some time off, and then monitor progress upon his return. I wouldn't put him straight on the performance plan.

Difficult situation for you though, and kudos for showing compassion.

Well, Tim is entitled to a reasonable adjustment due to his disability.

Wether it's " reasonable" to put him back in a performance plan is open to doubt. Personally, id take HRs advice on this. A £500 loss may be large to your team, but a tribunal would consider "reasonable" in the context of your entire organisation. Which may, or maynot, be large

I would reinstate but reasses the plan and ensure any suitable adaptations are included.

you made a mistake putting him on a PIP before establishing if there were any reasons behind his performance issues.

You also need to be careful as he comes under the equality act for his mental health problems and a PIP could be discriminatory (I was placed on one 2 years ago, 2 years later got a huge exit package after two suicide attempts and lodging a tribunal claim)

OH is the way to go, maybe look at the MIND stress survey or something similar, to identify what his triggers are in and outside of work and seek to make changes to his role to avoid these triggers.

It does sound a bit like shutting the stable door - he told his employer about his problems before but it doesn't sound as though any adjustments were made until after the PIP and its very much "talk to someone / take medication" rather than what YOU the employer could do.

You need to be careful OP,, I don't think you are handling this right.

"It does sound a bit like shutting the stable door - he told his employer about his problems before "

I thought he hadn't disclosed them till the 121?

In your position, I would not make any decisions on my own. You could find yourself on the nasty end of an employment tribunal. Do everything through HR and OH and make sure your HR team are fully informed of employment laws.

If someone isn't performing to the expected standard, I'd be managing them out, MH issues or not.

As a business owner myself, I go to work to make a living, not have my staff making mistakes time after time that financially impact cashflow and have a damaging effect on morale around them.

You need to be careful OP,, I don't think you are handling this right. THIS IN SPADES

Does he even know he's on an informal plan?

What support are you putting in place, why are you not adjusting his workload to avoid mistakes happening?

I think you are very cut throat. I understand that performance is a big thing however being human and empathetic is too..
I think maybe some training is required with regards to how to treat people with mental health conditions.
A) more time, consideration,communication And observation was needed in the first place before deciding to jump in with a performance plan.
B) throwing all your resources at the individual in the hope it is going to ‘fix him’ is another issue.. the workplace needs to adapt and find more discreet ways to help the person adapt into their role and feel supported.

I can imagine by their reaction that they didn’t feel comfortable or that you were approachable enough to discuss their problems and that they were perhaps being a burden.

Things need to change and this is why there is so much about mental health being more accepted around in our society instead of being treated like something bad that needs addressing.

Acceptance is the only way.

Hope this helps and it changes the way you see it. I think you only understand mental health when you have lived through it. Speaking from someone who has been through this kind of procedure.

If someone isn't performing to the expected standard, I'd be managing them out, MH issues or not. and you'd be seen in court for it @missbridgerton

@missbridgerton

If someone isn't performing to the expected standard, I'd be managing them out, MH issues or not

Then you also could find yourself on the nasty end of an employment tribunal.

This is just ignorance.

I'd get professional advice asap OP! I wouldn't want to make any decisions regarding this. There is a reason why we have HR, this is it!

With regards to my PIP, I didn't even know I was on one until I did a subject access request and found it out, in addition to lots of allegations from my manager that just weren't true.

@AcornAutumn the OP says he had health problems last year before joining her team. Note she says "team" and not "company".

How long has Tim been working for the company?

@fandabbydoozy

With regards to my PIP, I didn't even know I was on one until I did a subject access request and found it out, in addition to lots of allegations from my manager that just weren't true.

@AcornAutumn the OP says he had health problems last year before joining her team. Note she says "team" and not "company".

Yes, but she didn't expressly say that he had told them.

Maybe I'm projecting because I would never disclose MH problems at work, I've seen what happens. I doubt I'd have got most of my work!

To add to my comment above.. this person needs REASSURANCE REASSURANCE REASSURANCE.. not motivation. They need to know that no matter what.. they are going to be a success, you believe in them.. no matter what fuck ups happen as they will learn.
I can guarantee you if you can help support and reassure this person properly to the best you can do. Almost put your soul into helping them it then they will be one of the best workers you will ever have and it will make you one hell of a leader.. because you got through it.. you didn’t just bat off your shit. Nothing ventured nothing gained. You will be an amazing advocate.

Are all mental health issues covered by discrimination law? It's been a few years since I last attended a tribunal and it used to be specific diagnosed conditions like Bipolar or Schizophrenia that were protected conditions rather than more general anxiety or depression. I'm very out of the loop on this one so I'm curious if it's changed.

@TheCactusWhackedUs

If someone isn't performing to the expected standard, I'd be managing them out, MH issues or not. and you'd be seen in court for it *@missbridgerton*

Not necessarily - or they'd be seen, but not necessarily lose. Big companies tend to go for settlements to avoid reputational damage, legal costs and management time, but it's still not that easy to win at a tribunal, if that's where it goes.

It's not reasonable for smaller companies to have to essentially carry someone who is not able to perform when it is an ongoing issue.

All this said, I agree that you have gone about this the wrong way by making it informal and by failing to ascertain if he had underlying issues beforehand (or did you ask him and/or HR about any underlying or previous issues before, and had nothing disclosed?).

Like others have said you need to work with HR and OH on a plan that works to the detailed specifics of your situation. I disagree with those that say a performance plan is inappropriate, it might be but you could also put in reasonable adjustments that don't disadvantage the rest of the team or your business outcomes (e.g. one of my team had a later start and finish, because they struggled with insomnia due to depression, another started taking internal meetings with her camera off as she was becoming very anxious during lockdown video calls, others have used headphones when in the office or agreed on certain structures for 1-1s, there are many other adjustments that can work ok for everyone) and then have a plan to see if his performance can meet expectations. If not, then it's reasonable to still talk about performance. It's hard in a lockdown but you are running a business, if £500 is important then likely it's not a huge company and his salary is likely to be a meaningful amount of your revenue, and if he can't do what is needed then it sounds like either he needs to be signed off until he can recover properly, or find another role that is a better fit for his skills and needs. It's not just about being cutthroat - this would pass your job to one of the many people who are currently unemployed and would be thrilled to get themselves back to work and help build the business.

There are plenty of posters on MN who have clearly always worked in the public sector or in much larger companies and don't understand how thin a margin many smaller operations are working on right now, and how having a huge HR function and massive flexibility for people to alter their ways of working is not always possible and realistic.

@DayBath

Are all mental health issues covered by discrimination law? It's been a few years since I last attended a tribunal and it used to be specific diagnosed conditions like Bipolar or Schizophrenia that were protected conditions rather than more general anxiety or depression. I'm very out of the loop on this one so I'm curious if it's changed.

Any physical or mental issue that creates a 'substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities counts, under the Disability Discrimination Act, so anxiety or depression can certainly count, depending on severity. It's been this way since 2010, so it's a while that the relatively broad definition has applied. The rules around what counts as disclosure have also broadened.

It's not reasonable for smaller companies to have to essentially carry someone who is not able to perform when it is an ongoing issue.

Exactly, I'm running a business not a charity or wellness retreat. Financial losses incurred by my staff mean a drop in my personal income. And if this is a pattern, it's an issue whatever the cause.

@missbridgerton

It's not reasonable for smaller companies to have to essentially carry someone who is not able to perform when it is an ongoing issue.

Exactly, I'm running a business not a charity or wellness retreat. Financial losses incurred by my staff mean a drop in my personal income. And if this is a pattern, it's an issue whatever the cause.

The reality is in small business there's not a bottomless pit to pay staff who can't work, there are not loads of alternative roles available, good management is keeping the business afloat too. Mental Health issues are a very tricky and expensive problem to deal with as evidenced form this thread and our own experience - I do not feel positive about recruiting someone with these issues - in our experience they are a big drain on company resources.