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Jenny Mackenzie
Jenny Mackenzie,
Category: UK Law
Satisfied Customers: 6264
Experience:  Over 10 years experience in general legal matters
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We have a member of staff who we are having some performance

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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?

Hello and welcome to Just Answer, how long has the employee worked with you for?
Customer: replied 3 years ago.

She has been working here since 11/ 2010

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 and other UK Law Specialists are ready to help you
Customer: replied 3 years 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?



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 3 years ago.

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

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.

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