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
  • Of course, if you follow a proper process taking into account reasonable adjustments, OH advice and specialist input, you can dismiss this person.

    I mean, technically, you can dismiss them without all of this stuff but we wouldn't recommend it!

    If you assume that, regardless of what steps you take, you'll end up in some form of equalities dispute, the question that really needs to be asked and answered first is "why now?"

    This person's issues have been ongoing for at least six years and possibly as many as twelve, yet they have continued to be employed. Is it that the business never had the will or professional support to confidently dismiss them? Is it that they had the personal support of a senior leader who has since left the business or stepped back from regular involvement? Is it that, despite their many issues, they are actually making a meaningful and constructive contribution to the business?

    Asking these questions is essential to understanding both how to proceed and how to resolve any disputes that might arise. Assuming yours is a commercial enterprise rather than a charity or public institution, you aren't obliged to carry unproductive employees, whatever their personal challenges. But by the same measure, you *are* obliged to accommodate the needs of productive employees, even if those needs are greater than those of the average employee. By your own account you have been taking good steps to help this individual to be productive, so a judgement needs to be made as to how effective those steps have been and whether there is anything else you could or should be doing to enable them to make a positive contribution to the business.

    Bear in mind that the academic evidence is good that a neurodiverse business is stronger and more effective than an exclusively neurotypical business. So even if this employee's contribution is only of borderline value, his very existence in the business might be providing you with a degree of efficiency or service improvement that makes it worth retaining him. If nothing else, he is giving your MHFAs valuable hands-on experience that will make them better equipped to help other members of staff with MH struggles.

    I started this answer talking about process, so I'll end there too: the process of absence management isn't just to create a "safe" pathway to dismiss an employee with higher-than-acceptable absence. It is also supposed to prompt consideration within the business as to whether dismissal is, actually, in the best interests of the business. If so, then set to! But if not, it shouldn't be out of a vague sense of social obligation that this person is retained, but with a clear-eyed understanding of the value he is adding.

Reply
  • Of course, if you follow a proper process taking into account reasonable adjustments, OH advice and specialist input, you can dismiss this person.

    I mean, technically, you can dismiss them without all of this stuff but we wouldn't recommend it!

    If you assume that, regardless of what steps you take, you'll end up in some form of equalities dispute, the question that really needs to be asked and answered first is "why now?"

    This person's issues have been ongoing for at least six years and possibly as many as twelve, yet they have continued to be employed. Is it that the business never had the will or professional support to confidently dismiss them? Is it that they had the personal support of a senior leader who has since left the business or stepped back from regular involvement? Is it that, despite their many issues, they are actually making a meaningful and constructive contribution to the business?

    Asking these questions is essential to understanding both how to proceed and how to resolve any disputes that might arise. Assuming yours is a commercial enterprise rather than a charity or public institution, you aren't obliged to carry unproductive employees, whatever their personal challenges. But by the same measure, you *are* obliged to accommodate the needs of productive employees, even if those needs are greater than those of the average employee. By your own account you have been taking good steps to help this individual to be productive, so a judgement needs to be made as to how effective those steps have been and whether there is anything else you could or should be doing to enable them to make a positive contribution to the business.

    Bear in mind that the academic evidence is good that a neurodiverse business is stronger and more effective than an exclusively neurotypical business. So even if this employee's contribution is only of borderline value, his very existence in the business might be providing you with a degree of efficiency or service improvement that makes it worth retaining him. If nothing else, he is giving your MHFAs valuable hands-on experience that will make them better equipped to help other members of staff with MH struggles.

    I started this answer talking about process, so I'll end there too: the process of absence management isn't just to create a "safe" pathway to dismiss an employee with higher-than-acceptable absence. It is also supposed to prompt consideration within the business as to whether dismissal is, actually, in the best interests of the business. If so, then set to! But if not, it shouldn't be out of a vague sense of social obligation that this person is retained, but with a clear-eyed understanding of the value he is adding.

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