Disciplinary Investigation

[Coldbit]

Hello, I've had a disciplinary hearing with an employee over poor performance. They are now saying that they have mental health issues which were a contributing factor. This has never been mentioned previously even through the investigation. We dont have onsite occ health but could maybe get an external appt. What do you think I should do in this instance? I dont want to mess this up. Thanks

Do you have a HR department? I would hand this over to them. It is always really difficult when people choose not to disclose relevant health information, even more difficult when mental health involved as many people feel a stigma around mental health.

I would suspend the disciplinary procedure until you get more information on what reasonable adjustments might be made to accommodate the mental health condition and then go from there.

Disciplinary shouldn’t be used for performance issues - that’s capability.

You need to understand how the mental health issues affect the individual’s work. That’s precisely what Occ Health are for.

I’m amazed the first place you go for advice on this is Mumsnet, to be honest. Where is your manager and what tools does the organisation provide to support you (policies, HR advice)?

Performance could be either capability or conduct.

Did you do a performance improvement plan before the hearing?

Ideally you'd get an occupational health report done, asking them the right questions.

Have you got an HR dept to guide you?

I assume you are part of a small business, with no HR dept, hence asking on here?

Thanks for the replies. We're a small company with no real HR function - the office manager does a bit but mostly admin. Had thought to suspend process and try to get some Occ Health externally so I think will do that. Its a bit if a minefield with mental health isnt it, I appreciate the advice so far

Definitely suspend capability procedure and seek OH advice. Once you get this decide how to proceed.

Talk to ACAS and also use the resources on their website. www.acas.org.uk/capability-procedures
www.acas.org.uk/supporting-mental-health-workplace

Look on HSE website and follow their risk assessment this will help you identify where the employee needs assistance. www.hse.gov.uk/stress/risk-assessment.htm
www.hse.gov.uk/stress/standards/

Also ask the office manager/a senior manager if there are funds to buy in some HR expertise. I doubt they will provide this but just a final thought.

How serious are the performance issues? Can they be resolved with extra training, shadowing, mentoring within your organisation.

This should be done outside the capability context so that it isn't seen as a punishment - the last thing you want is the person to feel victimised and humiliated because they have a MH challenge.

Sometimes the person just needs some structure and support put into their role, in a decent and humane way, to try to get things back on track.

Funny how they have a disciplinary and now declare mental health issues. Convenient.

@drpet49

Funny how they have a disciplinary and now declare mental health issues. Convenient.

As previously stated, performance is handled and treated differently as a capability rather than a disciplinary matter although we have scant information to go on as to what it is.

Saying that declaring a MH problem is "convenient" is ignorant. Are you not aware that millions of people conceal MH and other disabilities for fear of discrimination and only admit to it when things come to a head. Everyone has a right to privacy and may not feel inclined nor are they legally obliged to spill out the confidential details for the scrutiny of their employer who they fear may not support then, but instead vilify them. People use coping strategies all the time to deal with things others are never troubled by, yet they are made to feel like criminals at a time like this.

I hope the OP does right by this person before taking action to dismiss them.