Sacking an Employee with Bipolar

[Engsnayl]

Hi Guys,

Any help or advice here would be great.

Basically we're a very small company, at the moment just myself (Director and Co-owner) and one other full time member of staff.

My member of staff has recenly been diagnosed with Biploar disorder and as such is taking a lot of time off with to attend Hospital and more generally speaking is having a lot of time out of the office to deal with his 'head'.

We're a small business that relies on productivity and result every single month from all of the people who work in it so this level of disruption is starting to hurt us.

I've supported him with him off to go to hospital, but now his performance is slipping and he's barely even making it into the office for about half of the working week.

I've not laid a heavy hand to his timekeeping and attendance as I'm worries that if he goes back to his GP and tells them that he's getting stress at work that is affecting his condidion that they will sign him off.

Basically we cannot literally afford a member of staff who is not in the office every day and pulling their weight and even less can we afford to support somebody who is medically signed off.

Part of me is compassionate and empathetic but the other part of me wants rid of this problem as fast and as quickly as possible.

Just don't want to land myself in legal trouble for sacking him.

Any help, thoughts?

Engsnayl

 

[Employment Law Clinic]

Hi Engsnayl,


The Disability Discrimination Act will most probably apply, and therefore restrict what action you can take. Trying to sack him fast certainly won't help the firm out.

The DDA doesn't prevent you from taking disciplinary action against this employee for poor attendance, but it does require that you make reasonable adjustments first to reflect & balance the impact of any disability.


Karl Limpert

 

[Engsnayl]

Thanks Karl,

I think the big problem I have is that my company simply cannot afford to carry any deadweight whatsoever.

If I supported him in spite of the poor peformance and also the distraction that it's having on me and my productivity we may both be out of a job and the company out of business.

Would I be ok to assume that I can still sack him purely on peformance grounds as I would have been able to normally, irrespective of this mental condidion coming to light?

Cheers

E.

 

[sjbeale]

I would agree that the DDA probably applies.

To help you manage this situation and to avoid falling foul of this legislation I would strongly urge you get an independent occupational health advisor involved asap. Managing such situations is time consuming and there is no quick win. However if you manage it incorrectly you could end in in an employment tribunal situation which will be more stressful and potentially very costly.

If you need the recommendation of a very reasonable occ health advisor please pm me.

 

[KidsBeeHappy]

What are your terms of contract? Does the company pay in full sick days, or is it simply SSP?

 

[paulears]

I suspect that at best, you'll need to pay him SSP and take on extra help that you cannot afford. even if you find some loophole, it's ideal fodder for the press - you got rid of an employee who was ill, and in particular an employee with a mental illness.

However, perhaps you could have a chat with him and show your concern over how working is adding to the stress and making his illness worse - perhaps he likes the job and doesn't want to let you down, knowing you are short staffed. It could be he'd like to resign, but daren't? Or just doesn't want to let you down. He could take the possibility of leaving as a relief - especially if the job is adding to the problems. If he wants to leave, just document it, arrange a leaving 'do', and buy him a pressie - maybe even putting in writing how much you valued his work for the business, and if at some point when he is well again and you have an open position, you'd encourage him to apply. Which if he's better, and a good employee when well, would probably be true anyway.

If on the other hand, you in any way push him - everyone will turn against you - and the press could be very interested in a company with such a rotten boss.

A very difficult situation. Best of luck.

 

[Alan R Price]

Are you a member of the Federation of Small Businesses? They have a free legal helpline and will pay your legal expenses of dealing with this employee if you follow their advice.

 

[Hombre]

Bi-polar is the US term. Here in Uk mainly classed as manic or clinical depression. Get a solicitor dealing with employment law. Remember though all of us could easily suffer from this in the future. The tone of your posts so far seem a tad unsympathetic despite the fact you have a small workforce.

 

[patientlady]

The tone of your posts so far seem a tad unsympathetic despite the fact you have a small workforce.

Its funny how some some posts can read differently to others. I felt the OP seemed caring.
Hope it all works out for both of you P/L

 

[Deleted member 59730]

I feel for your situation. I had a similar problem years ago. Honesty with the employee is important in all communications. Although I ended up firing him we remained friends. He recovered well, moved to the USA and has had a very successful career.

 

[papverpoppies]

Bi-polar is the US term. Here in Uk mainly classed as manic or clinical depression. Get a solicitor dealing with employment law. Remember though all of us could easily suffer from this in the future. The tone of your posts so far seem a tad unsympathetic despite the fact you have a small workforce.

Having lived with someone with bi-polar, I feel for you - small workforce or not.

It is sad for the sufferer - and yes, anyone one of us could be its next victim!

I would like to point out, that it is no bed of roses either for family, friends or in this case the employer (and I read nothing to what you refer to, in the OP posts)!

I wish you all the best and I hope a satisfactory solution can be found for everyone, as you are also responsible for your other staff!

Poppy xx

 

[Vending Siting Services]

I would strongly recommend you speak to ACAS. They are there to help you through the correct procedure. They are free and extremely helpful.

If the employee is unable to carry out the tasks then this will be a performance issue.

I used to employ an individual with bipolar. After nearly two years the individual resigned as they were really having a bad time and their performance was seriously being affected. We tried our best but it could not carry on as it was affecting the workload of other colleagues in the office and the business.

Maybe have a word with them and bring to their attention what you have said here. It is difficult and I do emphasize and for the individual suffering they are not having a good time. Sometimes just broaching the subject with them may make them realize that maybe it would be better for their health if they took time out. Sometimes this could be received as a releif and they do the right thing, what I have just said is probably against procedure, I am not an HR expert, but sometimes the human caring touch sometimes helps.

Good luck and as already suggested, give ACAS a call. They are free.

Barbara Fellowes

 

[Billmccallum]

I'm sympathetic with anyone who has a disability, but it must be clear that this is not a social care issue, its an employment issue and employees are retained to do a job.

DDA exists to stop discrimination, but this is targeted at companies who discriminate against the disabled and seeka to ensure that the workplace is of a standard that can accomodate the employee.

From your posts it seems clear that you have tried to accomodate this person, but he/she is unable to perform their tasks to a standard you require.

Take evertones advice, get specialist support from ACAS or an employment specialist and find the kindest way to remove this person from his/her post as soon as possible.

It may well be possible that the stress of havng to go to work will increase the problems they already have.

Before anyone ventiures to suggest I am discriminating, I will point out that my father was disabled for 20 years before his death and I am partially disabled myself, so I have a little direct knowledge of the problems of not only employing a disabled person, but being employed as a disabled person.