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Proceed with written warning for timekeeping when mental health reason?

Amy

| 0 Posts

2 Jul, 2024 16:49

Hello

We have a remote employee with persistent lateness, their line manager wants to give a written warning but in an informal meeting today mental health diagnoses were cited as contributing towards sleep issues which are causing the lateness. 

I’m not confident what the next steps are now? Can we still proceed with the disciplinary hearing and issue a written warning, if we combine it with an occupational health assessment as a way forward in supporting the employee and a view to reasonable adjustments that come out of that?

We are providing him with the option for therapy via our private health insurance and he suggested that having enough work to do (minimal quiet periods) help him, so we are supporting him in those ways but I’m not sure how else we can support him.

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  • Keith

    | 0 Posts

    4 Jul, 2024 07:24

    I would do the OH referal first then depending on the result issue warning or put steps in place to monitor and then issue warning if continues
  • Sophie

    | 0 Posts

    4 Jul, 2024 11:13

    You should continue with a hearing to conclude the process, but offer assurances about reasonable adjustments and mitigations. It's surprising this has reached disciplinary stage without them mentioning these issues previously and it would be worth exploring with them why it hasn't come up to ensure you can encourage more openness from employees in future - no doubt the disciplinary is stressful and hasn't helped, and could have been avoided if they'd shared earlier. The feedback may help it not reach this stage for other employees.

    It's possible that the mental health aspect (with or without OH report) will be consider enough mitigation by the disciplinary chair that no formal action is taken and that adjustments can be put in place instead.
  • Amy

    | 0 Posts

    4 Jul, 2024 11:28

    In reply to Keith:

    Thanks Keith. We are a small business (18ppl) and they (nor I) have ever done an OH referral before. OH seems a bit of a minefield when starting out, is there anywhere you would recommend using/a good starting place?
  • Amy

    | 0 Posts

    4 Jul, 2024 11:34

    In reply to Sophie:

    Thanks Sophie. They did mention it before but not as a direct reason for timekeeping, so it's not been an issue until now when it is now being cited as a contributory reason. But yes, perhaps we should have encouraged further dialogue when it was first mentioned? As I've said above, we are a small business and until now have no prior experience with OH referrals.
  • Elizabeth

    | 0 Posts

    4 Jul, 2024 14:42

    Have you had a look into the Access to Work Mental Health Support Service? They may well be able to offer your colleague the support they need.
    www.maximusuk.co.uk/.../employability
  • Amy

    | 0 Posts

    5 Jul, 2024 09:12

    In reply to Elizabeth:

    Thank you Elizabeth, I will check this out. Would something like this count as an occupational health report?
  • Elizabeth

    | 0 Posts

    5 Jul, 2024 09:13

    In reply to Amy:

    No, I don't think so, but it would offer support to the employee.