How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jenny Mackenzie Your Own Question

Jenny Mackenzie
Jenny Mackenzie,
Category: UK Law
Satisfied Customers: 5438
Experience:  Over 10 years experience in general legal matters
32019188
Type Your UK Law Question Here...
Jenny Mackenzie is online now
A new question is answered every 9 seconds

We have a member of staff who we are having some performance

Customer Question

We have a member of staff who we are having some performance issues with. These issues have been present on and off for some time - we have had several meetings to highlight the issues with her and things improve for a short while and then deteriorate again. Sadly, her father passed away suddenly last year. We arranged to have a meeting with her to discuss performance issues and she told us that she thought she might be suffering from depression. We advised that she went to see a GP and she has been referred to counselling. She has been out of the office on holiday this week and further problems with performance have been highlighted. I just wonder what our next move is, as she has disclosed a possible underlying medical issue?

Submitted: 1 year ago.
Category: UK Law
Expert:  Jenny Mackenzie replied 1 year ago.
Hello and welcome to Just Answer, how long has the employee worked with you for?
Customer: replied 1 year ago.

She has been working here since 11/ 2010

Expert:  Jenny Mackenzie replied 1 year ago.
Hello I would suggest you ask permission to write to her GP to ask questions about her condition to determine whether or not it amounts to a disability and what measures / reasonable adjustments you could make to assist her at work.

You should ask:

1. How long has she suffered from depression?
2. Does her condition have a significant impact on her ability to carry out day to day activities?
3. Are there any adjustments that could be made to help her at work.

If the condition has lasted less than a year and does not have an impact on her ability to carry out day to day actives you can assume she is not disabled. If reasonable adjustments are suggested then you should consider if you can put them into place.

There is nothing to stop you from starting a perform ace management process and I would advise that you do so. You should explain to her where she is failing and give her targets to meet over the next month, if she fails to meet them then you can disciplne her and give her a first warning.

If you have any further questions please ask. If I have answered your question I would be grateful if you would give my answer a positive rating. Thank you and all the best.
Jenny Mackenzie,
Category: UK Law
Satisfied Customers: 5438
Experience: Over 10 years experience in general legal matters
Jenny Mackenzie and other UK Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks for this.


 


Do you suggest that we ask her during the meeting if we can contact her doctor or is this something that should be done separately?


 


In terms of who attends this initial meeting would you suggest ideally that it needs to be just her Line Manager, and I in a HR capacity would attend it should the process become more formal?


 


 

Expert:  Jenny Mackenzie replied 1 year ago.
For an informal procedure it can just be her line manager, for a formal
Meeting there should be a note taker and she should have the right to be accompanied at the meeting by a colleague or a trade union representative.

You can ask her for permission at the meeting but ask her to put it in writing.
Customer: replied 1 year ago.

I think this is the last question. How feasible is it to recommend that the person takes time off from work?

Expert:  Jenny Mackenzie replied 1 year ago.
Hi you can suggest it by all means but you cannot force it as it would give rise to a claim
Of constructive dismissal and/or discrimination.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3850
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2612
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    5198
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24742
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6561
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 
Chat Now With A Solicitor
Jenny Mackenzie
Jenny Mackenzie
2666 Satisfied Customers
Over 10 years experience in general legal matters