Employee and mental health - help!

I have an employee who experiences a extremely high level of absence due to anxiety, depression and panic attacks and has done for approximately 6 years. Their employment with the company is at 12 years but I cannot find previous records of absence previous to the 6 years documented.

With their condition and continual absence, wellbeing conversations have been had, adjustments have been made within the role and with working hours, occupational health reports have been undertaken however, the employee is still at high levels of absence and does not seem to be getting better within themselves. The last occupational health report declared that the employee was not fit for work but the employee advised that they feel they want to work. The main reason for this is financial. 

As a company we have tried to assist and help with as much as reasonably possible, we have made reasonable and flexible adjustments  and other employees have been more than present in their day-to-day life, calling to make sure they are dressed and how they feel in the morning before work etc. There are consistent calls to HR and the MHFA's onsite that they are struggling with panic attacks and they have been directed to their GP, the crisis team and other mental health helplines. 

It has now gotten to the point that this cannot continue (and perhaps shouldn't have even continued this long) - It is effecting their department, it is effecting their colleagues and the overall business. 

The situation is, yes we do have reason cause for dismissal on capability and absence. But the feeling is that work is their only certainty and if they were to lose their job, this would make them and the subsequent consequences worse. They continue to work for financial reasons and we have advised that there is other help there but they are not willing to accept this.

An extremely difficult situation - can we continue with employment even with everything mentioned above or do we dismiss?

Parents
  • Aside from Emily's advice, you  do not have to continue this for ever.

    The fact that they wish to continue working is no good reason on its own to keep them working.

    I asume you've kept some kind of record of the lengths you've gone to support them and so on?

    You mention OHP.  Unless it was within the last few months and nothing has changed, I'd send them to OHP again, making it very clear to who ever provides this service that you've bent over backwards taking their advice into consideration and that you've now reached the point to which you cannot continue offering employment, but wish to check with them whether there is anything that has changed etc., .



  • Hi Lau and Welcome!


    Great advice from colleagues as above.

    Sounds as if a potentially fair capability dismissal might be possible here, irrespective of the almost-certain Equality Act protection involved too.

    But you’d need to follow fair process, usually involving staged formal capability hearings at which there’s right to a companion; full consideration of up to date OH guidance etc.

    It’s ultimately a balance between business needs and humanitarian concerns: assuming this employee is functioning at least somewhat towards business needs, perhaps Access to Work might be able to help make up the shortfall? If not, then you may face a potentially most distressing task in implementing that fair process - of course as humanely as you possibly can.

    The occasions I’ve personally had to be involved in cases such as this are still painful etchings on my memory, even many decades later. For what it’s worth, looking back on what happened etc in these cases perhaps illustrates that people do have a tendency to adapt and survive following such events, sometimes in novel and unexpected ways, so even though catastrophic for them in the short term, longer term they may not turn out quite so badly - indeed, sometimes positively for them.

    I really wish you well in sorting it out.

Reply
  • Hi Lau and Welcome!


    Great advice from colleagues as above.

    Sounds as if a potentially fair capability dismissal might be possible here, irrespective of the almost-certain Equality Act protection involved too.

    But you’d need to follow fair process, usually involving staged formal capability hearings at which there’s right to a companion; full consideration of up to date OH guidance etc.

    It’s ultimately a balance between business needs and humanitarian concerns: assuming this employee is functioning at least somewhat towards business needs, perhaps Access to Work might be able to help make up the shortfall? If not, then you may face a potentially most distressing task in implementing that fair process - of course as humanely as you possibly can.

    The occasions I’ve personally had to be involved in cases such as this are still painful etchings on my memory, even many decades later. For what it’s worth, looking back on what happened etc in these cases perhaps illustrates that people do have a tendency to adapt and survive following such events, sometimes in novel and unexpected ways, so even though catastrophic for them in the short term, longer term they may not turn out quite so badly - indeed, sometimes positively for them.

    I really wish you well in sorting it out.

Children
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