end of probationary period - Support Staff - General - HR in Schools and Academies

15 end of probationary period - Support Staff

4 Oct, 2017 21:38

We have a member of the Support team who has had her probationary period extended due to, mainly not reporting sickness absence - at all on one occasion and too late on others.

She suffers from depression which she is having counselling for (this was confirmed on her original medical questionnaire) and I have provided her with the employee support details should she need on-line support.

I have also had a few discussionswith her to talk about how we can best support her in the workplace and to find out what the 'triggers' are with regard to her depression, particularly if she is struggling at work.

The Head has now had enough and wants to terminate her employment with us as as today the employee phoned in after her shift had started leaving the team short-staffed and too late to put the necessary measures in place to support the absence..

I am going to hold a meeting with the Head and employee to terminate the employment but just need to be sure there is nothing else I need to do. I do feel we have done all we can but am concerned about the depression and whether we have done enough to support this.

The employee knows why the probationary period has been extended - late notice of sickness absence and on one occasion AWOL which has been confirmed in writing.

Thank you

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Keith | 0 Posts

5 Oct, 2017 09:26

How late were they? What real operational difficulties did this cause ?

If this employee is disabled under the Equality Act then whilst this certainly doesn't stop you ultimately dismissing them it does mean before you do this you have to have considered and made all reasonable adjustments.

It is challengeable at the very least if dismissing someone with depression who HAS phoned in sick (albeit late) is a reasonable step unless the consequences for you as an organisation are so severe to make this necessary. yes she has been warned but is this proportionate?
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Sharon | 0 Posts

5 Oct, 2017 12:50

In reply to Keith:
Thanks Keith. This morning I have received a report to highlight the number of days she has been a few minutes late for work (5/6 mins on 4 occasions). This hasn't gone unnoticed by the rest of the team who see that 1 person is able to push the boundaries further than them. She does have health issues which I do think we have really tried to help her with. I have been asking her for weeks to call Occupational Health regarding her medical questionnaire (they need to discuss a few things for clarification). I have told her that this is nothing to worry about and they are there to support her. People around me are now losing patience and I feel that I should be acting but want to do the right thing.
The lateness to report sickness - I hear what you are saying as the consequences for School are not severe (the team just have to ensure they plan around this) but then we have the lateness. What do you think?
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David | 0 Posts

5 Oct, 2017 13:13

In reply to Sharon :
If I may interject, based on the information given, I have nothing but sympathy for someone who's obviously not well and nothing but distaste for apparently utterly selfish colleagues whose warped value-systems cannot tolerate someone else's lateness just because they themselves are expected normally to be punctual.

But what colleagues think maybe is not the main issue - it's one of staff *management*. Getting 'reports' after the event I don't think helps very much in any way to resolve the problem - why can't someone responsible take the employee gently aside and explain that persistent lateness isn't normally acceptable because etc etc etc and how can we all help her with her present difficulties?
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Sharon | 0 Posts

5 Oct, 2017 13:41

In reply to David:
You are absolutely right David and thank you for update. The team won't know she has depression and see someone coming and going at a time they see fit (in their words). If we allow lateness (it is a role which does need to start at a certain time) for one person then we have the rest of the team turning up late.
How long is a reasonable length of time to accept her lateness?
I have spoken to her about a number of things (lateness to report sickness/going AWOL etc) and asked what support she needs. I have provided her with Counselling numbers to see if that will help.
But at the end of the day I am under pressure to end her contract as everyone is complaining about her perceived lack of commitment to the role and they are under pressure to get the work done.

I am not sure how much support we can give.
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Keith | 0 Posts

5 Oct, 2017 15:20

In reply to Sharon :
From what you say I am not sure you have really looked at let alone made reasonable adjustments. Therefore if you proceed to dismissal and if she challenged it then it be a far from clear that you would win.

For example - you know she has depression but your response is “only” to point her at help not enact that help. It is a known factor of depression that people sometimes struggle to reach out.

Certainly dismissal may ultimately happen. I am just not sure it's here or now.
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Jenny | 0 Posts

5 Oct, 2017 15:39

Hi Sharon,

I've had a similar situation in the past. Whilst the employee was on the waiting list for counselling/therapy through her GP, we arranged for them to use 30 minutes of annual leave every morning so they could start a little later. This helped with their commute into the office, and so meant their morning routine of getting up/getting ready was less stressful for them. Also gave the team less uncertainty around when the employee would be in.

Jenny
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Sharon | 0 Posts

5 Oct, 2017 16:16

In reply to Keith:
Thank you Keith - it is quite difficult to sit someone down and encourage them to make that call. Believe me I have spent some time talking to the employee about her condition and how if affects her day to day. She actively pops in to the office to see me. She won't make that call to our counselling - she doesn't like talking on the phone. I know the school will not pay for face to face counselling and she is waiting for an appointment from MIND.
This is all really interesting and I really appreciate your advice as it really makes you think about doing the right thing.
I do believe dismissal will happen as she is perceived as a pain by employees and managers. It looks like I need to think about how we can change the culture around mental health and the need for support in the workplace.
Any ideas??
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Sharon | 0 Posts

5 Oct, 2017 16:17

In reply to Jenny:
Hi Jenny, that sounds a good plan if she were to work all day but her shifts are 2 hours a day. thanks for the advice which I will use for our full/part timers going forward.
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David | 0 Posts

5 Oct, 2017 16:37

In reply to Sharon :
What kind of educational establishment is it, Sharon?
- would have thought those in command of most of them these days were a bit more up to date than yours appear to be.

If it's not already happened, they should of course be beiefed fully about the risks they face in just 'getting-rid' at this stage - both legally and reputationally
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David | 0 Posts

5 Oct, 2017 16:39

In reply to David:
(of course I meant 'briefed fuly' but I can think of many other verbs too but had better not say
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Elizabeth Divver | 0 Posts

5 Oct, 2017 17:31

Hi Sharon

I would say that to dismiss someone who may have a disability because she has been 5-6 minutes late on 4 occasions, has failed to follow your reporting procedure and is now regarded as "a pain" would be, IMO, an act of folly.

Before such a dismissal happened I would expect to see medical opinion including adjustments to be considered and a record of the organisation giving the suggested adjustments proper consideration to arrive at a decision on whether they were reasonable and possibly a trial of the adjustments. If medical opinion is not available because she hasn't called OH, then I would expect to see a record of the interactions with the employee in which she refused to co-operate and then the research you carried out in the absence of OH opinion.

As far as I can see, you are at the start of the process, not the end.
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Sharon | 0 Posts

5 Oct, 2017 18:01

In reply to Elizabeth Divver:
Thank you Elizabeth - I will use the advice of this forum to ensure she is not let down. thank you for your comments so far. Not sure what we would do without you all
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Elizabeth Divver | 0 Posts

5 Oct, 2017 18:14

In reply to Sharon :
You're very welcome.

The line I would take with your head is that to proceed at this point would be to create risk for the school. Don't let people characterise this as you being a lovely fluffy HR person supporting the pain. You are preventing a potentially expensive blunder.
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Sharon | 0 Posts

5 Oct, 2017 20:53

In reply to Elizabeth Divver:
Think you have hit the nail on the head Elizabeth. It's difficult to avoid the 'fluffy HR' perception, by just doing the right thing. I need to think more about how we can educate our managers to understand MH issues and the impact at work - thanks again
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Donna | 0 Posts

19 Oct, 2017 14:40

In reply to Sharon :
You're not alone Sharon - from my experiences, some people just don't get mental health. ACAS have just produced some guidance on mental health in the workplace and I am planning to do a brief to our SLT (when I get time) - happy to share once it is sorted.
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