unfair dismissal

Tricky Dismissals: What to do when an Employee can’t Engage in the Process

Here’s the fifth and final scenario in our Managing Tricky Dismissals series: five short blogs where we look at complex dismissal issues and how to approach them.

“What happens when an employee is off sick with a complex mental health condition that is unlikely to improve, but OH say that engaging in the medical capability process is likely cause them further stress?”

The last thing you want to do is add to someone’s stress or exacerbate their condition, but at the same time you may have an operational need to manage their absence – this can be a really sticky situation for HR. In this situation your only option may be to make a decision without going through a process. Whilst we would never advocate making a dismissal without following a process, in limited circumstances this may be the only option. If you’re in this situation, seek legal advice!

We hope that taking a look at how to manage these tricky situations has proved a useful reminder that during the midst of a formal process, we must take a step back and look under the surface at all the possible options available to us. The language and actions taken by employers throughout formal processes be it disciplinary, performance or medical capability can very easily become key features of an employment tribunal hearing.

If you missed them, here’s the four previous situations we covered, and how to handle them.

The content provided in this blog is for illustration purposes only and does not of itself constitute legal advice. It is your responsibility to ensure that these blogs are used in the correct context. Where tailored legal advice or further guidance is required it should be sought from a member of the Vista team.

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Employment Law Managing Tricky Dismissals

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