HR Advice Please

S

spwazymnxr

My business has been open for nearly a year. One of our employees has had 80 hours' sick in 6 months due to anxiety. Her anxiety isn’t terrible - she panics in the morning and is fine in the afternoon..

I have given her countless advice on what to do - go to the doctor, self-refer to the NHS, contact MIND for free counselling. She went to the doctor months ago and was prescribed tablets but doesn’t take them properly because they make her feel sick. Unfortunately her time off is really affecting the business.

We have supported her as much as possible, always allowing for doctors appointments and advised we would support therapy appointments (staff have one day off during the week and start late on a different day) if they fell during work hours.

The hours she hasn’t turned up for work I estimate to have lost us just under £3,000. As a new business, i’m sure you can appreciate that we’re tight with cashflow and breaking even each month.

It may be worth mentioning, the days this particular employee takes off are always the same and we now dread each week waiting for the phone to ring (employee has started texting and not calling).

We are looking into a disciplinary hearing - but is that too far? We have had return-to-work meetings, allowed for doctors appointments, work area is safe, clean and tidy, we are really laid back in terms of management (clearly too laid back) and we have instigated a ‘wellness jar’ for all staff should they be having a bad day - the jar is where they write positive quotes and can pull one out as and when.

We fully support all staff the same, train all staff when they request it (and additional) and don’t ask for anything more than them to work their hours. Due to the nature of the business, sometimes additional hours are requested for weddings etc but we ask who wants to do it prior to agreeing a booking and don’t force them to do anything. When doing extra, we offer time off in lieu to be taken at any time except Saturdays or overtime payment and they can choose what they prefer.

Sorry this is long but I’m really unsure on next steps and what’s the best way to deal with this. Mainly due to the current stigma around mental health and i don’t want to seem unsupportive but I also have a business to run!

Thank you
 

GFI

Free Member
  • Jan 30, 2019
    75
    22
    As a first port of call I would advise you google “acas disciplinary guide”

    It is about 78 pages long, but it is excellent and presented in plain English rather than legal jargon.

    By the sounds of it you have been a very supportive and understanding employer - ultimately there comes a time where formal conversations are required. You may find that just following the acas process is a lightbulb moment and fixes the problem.

    Remember - the whole aim of any disciplinary process is to end up with a better performing member of the team. It is not a big stick : )
     
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    antropy

    Business Member
  • Business Listing
    Aug 2, 2010
    5,336
    1,106
    West Sussex, UK
    www.antropy.co.uk
    I think a disciplinary hearing is best but make sure everything is noted down word for word in the meeting and then in a follow up letter/ email afterwards just so you back is covered. However from the outside looking in it doesn't sound like a great position to be in and losing £3000 worth of business is a huge hit for a small business! So I think the writing is already on the wall unfortunately. Alex
     
    Upvote 0
    As the employee's attendance is linked with a disability affecting her attendance you need to take care handling this one. It's not possible on a forum to go into detail on what you have done to date, ie what policy you have and what discussions have taken place. A good starting point is http://www.acas.org.uk/index.aspx?articleid=1566

    Independent employment law advice is needed before you proceed to a disciplinary over a mental health issue. One aspect that would be my first point in investigation is the terms of your policies and contracts and whether these allow for a health examination report. You mention there may be a pattern of 'favoured days' off sick which throws some questions over how much is due to anxiety and how much to external issues.
     
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