Disciplining Employees with Mental Health Issues

Being a leader or manager comes with plenty of responsibilities, including the wellbeing of your team. But when you need to engage in disciplining employees with mental health issues, UK charities suggest the majority of staff are experiencing extreme levels of stress. So it’s important to be supportive while ensuring staff follow company policy. We explore how to do this in this post.

Understanding How Mental Health Issues Impact People in the Workplace

Over 90% of workers say they’ve experienced extreme levels of pressure or stress at some point in the past year. But while stress and burnout can lead to mental health issues like anxiety and depression, there are still stigmas surrounding mental health issues. This makes it vital for managers to understand the different types of mental health issues and how they can impact workplace performance. This is especially important when disciplining employees with mental health issues in UK organisations. So let’s delve into some of the main issues:  

Common Mental Health Issues Affecting Employees

While stress itself isn’t considered a mental health issue, experiencing too much of it can lead to mental health issues or aggravate existing ones. Some of the more common mental health issues employees can face when dealing with excess stress include: 

How Can Mental Health Issues Impact Job Performance and Behaviour

Experiencing mental health problems can affect workplace performance in different ways. Each person will have a different reaction to their mental health struggles and this can manifest in different ways. So, it’s important to bear these factors in mind when approaching the task of disciplining employees with mental health issues in UK organisations: 

  • Absenteeism: A recent report suggests mental health conditions account for 18 million lost work days. People who experience poor mental health can take more leave and absences from work to manage the impact of their condition. 
  • Presenteeism: Despite workers facing difficulties with managing their mental health, many still turn up to work to carry out their roles. While taking a mental health day off work can help, dealing with more entrenched problems can lead to low productivity. 
  • Low productivity: Analysis by the Institute for Public Policy Research (IPPR) revealed the cost of staff sickness in the UK grew by £30bn in 2023, with £25bn attributed to low workplace productivity rates
  • Strained relationships: Staff who manage mental health conditions like anxiety, anger, or PTSD can become misunderstood. This can lead to strained or difficult interactions with others. And when managers and leaders don’t know about their teams’ mental health status they can experience frustration, intolerance, and unfair judgement.  

The Stigma Surrounding Mental Health in the Workplace

Stigmas arise for many reasons but when it comes to mental health it’s usually from a lack of awareness, experience, training, and procedures around mental health conditions. Without a robust approach to mental health in the workplace, staff may be easily led into making judgements, showing prejudice, and even discriminating against their staff. 

The results can include toxic atmospheres where staff with mental health issues experience microaggressions, exclusion, and even victimisation. 

When staff do disclose their mental health, it can still be problematic. They may experience intense questioning from others, doubts over their condition, labels, and sometimes harassment. And it’s harassment that’s one of several areas considered illegal under disability discrimination laws.

The Ultimate Guide to Neurodiversity in the Workplace

Know Your Workers’ Rights

The Equality Act 2010 exists to protect workers with protected characteristics, including disabilities. It applies to all staff working in England, Wales, and Scotland and protects people with mental health issues who can prove they’re experiencing problems on a long-term basis.  

As a form of equality law, The Equality Act 2010 recognises that employers must make changes to the structure of staff employment to ensure they bring about equality. Changes may include removing physical barriers or providing extra support as needed, which is also known as making reasonable adjustments. Recruiting a workplace assessor to conduct a review on behalf of your staff member is worth considering.  

Workers are also entitled to receive protection from any direct or indirect form of discrimination along with a sense of privacy, confidentiality, and provision of appropriate support for their condition.

Best Practices for Disciplining Employees With Mental Health Issues

When managers and leaders need to engage in disciplining employees with mental health issues, UK staff need a sensitive, supportive, and considerate approach. If they’re struggling with a long-term mental health condition, The Equality Act 2010 considers this a disability. In line with the act, employers must protect these staff against any form of discrimination, harassment, or victimisation. 

Employers must also make reasonable adjustments for staff that enable them to work to their full ability and with minimal disruption from managing their mental health. 

When managers have made every attempt to provide a welcoming, supportive environment in line with legal requirements and their staff are still underperforming there are steps they can take to address things. 

Check in on Your Employees With Regularity

When an employee is struggling with mental health challenges, it’s important to show empathy, to listen and show support, and to understand their struggles. Their behaviour and performance may change, and it’s important to encourage them to talk about any problems they’re facing with their mental health. 

Research suggests mental health issues will affect around 50% of the world’s population, so it’s a growing concern that requires a safe and supportive environment and regular reviews. During these reviews, managers should check they’ve provided enough resources to staff and had open and honest conversations about their work. This can sometimes be hard to do but there are skills managers can develop to give them the confidence to approach these issues. 

Make Sure You’ve Made Reasonable Adjustments

Before conducting a process of disciplining employees with mental health issues, UK staff should be offered reasonable adjustments. These could be alterations in working practices, different timetables, more flexible deadlines, or a reduction in work volume. An assessment can help and staff can apply for support from Access to Work.  

During this process, it’s also important to check whether any performance-related issues are a direct result of someone’s mental health. For instance, if they’re suffering from anxiety and can’t perform well in front of clients, can another member of the team lead a meeting while they take a more supportive role? 

Conduct a Fair Disciplinary Procedure

When disciplining employees with mental health issues, set aside a specific time in the right environment to do it. It’s crucial to ensure the process is fair, transparent, and considers the impact of the employee’s condition on their performance or behaviour.  

All disciplinary actions must align with company policies and with The Equality Act 2010. Some specific best practices you may want to follow during the disciplinary include: 

  • Provide clear, robust, and consistent information about company policies and expectations.
  • Be considerate of the employee’s mental health condition
  • Communicate with respect, fairness, kindness, and empathy
  • Encourage open communication and dialogue, asking questions about the staff member’s condition and how they feel it’s affecting work performance 
  • Document all actions and steps taken
  • Ensure compliance and seek our legal advice if necessary 

In all matters, maintain professionalism and respect for your staff members. If in doubt, seek out legal advice or consultancy support. 

Dr. Richard Purcell

Rich is one of the Founders and Directors here at CareScribe. Rich has a passion for healthcare and assistive technology and has been innovating in this space for the last decade, developing market leading assistive technology that’s changing the lives of clients around the globe.

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