An anxious journey through the disciplinary process before a happy ending

We all suffer different degrees of work-related stress and in Rory’s case the level of it proved a key factor when he faced an unfair fight to keep his job.

Rory had been an analyst with a business consultancy firm for four years when he faced a disciplinary hearing and threat of dismissal for alleged poor performance.

It was admittedly at a time when he was desperately unhappy in his role and had started looking for alternative employment.

When Rory contacted our Employee Support Centre in need of help, it was clear to our representative the impact of work-related stress Rory had suffered would be a crucial factor in the case.

The employer’s concerns in relation to Rory’s performance were being dealt with using the disciplinary process.

Our representative supported Rory at the disciplinary hearing. In preparation for it, and prior to the hearing, he requested a range of information he felt may help Rory’s case.

The request included copies of performance reviews, 121 notes from meetings with his manager, the company performance management process, details of return to work interviews after sickness absences and a copy of an occupational health report.

The health-related information was important because  just over two years earlier, Rory was first diagnosed with work-related stress and had a three-month period off work.

His treatment, including being prescribed medication, for stress and anxiety related illness had been continuous ever since.

Rory’s work-related stress was triggered by a breakdown in his working relationship with his manager.

It led Rory to raise a grievance against his boss, it was rejected and his manager later refused to take part in workplace mediation recommended for the pair as part of the grievance process.

Rory had further periods off work as a result of stress and anxiety. An occupational health assessment confirmed his anxiety was likely be considered a disability under the Equality Act 2010.

Quicky afterwards Rory was invited to a disciplinary hearing for alleged poor performance and warned dismissal was a potential outcome.

Rory was shocked by the allegation. Our representative made this point at the disciplinary hearing by presenting copies of the positive performance reviews requested, the most recent being a glowing one completed just under two months earlier.

The hearing was told by our representative the performance concerns appeared to relate to just two deadlines, which it was acknowledged, had been missed by Rory in what was a challenging week.

The difficulties caused by his mental health at the time was evidenced using 121 notes, which included Rory claiming he was being put under undue pressure and it was exacerbating his symptoms of anxiety.

Our representative asserted the missed deadlines provided the only tangible evidence to support any genuine concerns about Rory’s performance.

He asserted as those issues occurred as a direct result of Rory’s poor mental health, which can be considered a disability, any decision taken to dismiss could amount to discrimination.

Our representative also focused on the unfairness of the action being taken.

This included highlighting that the company performance management procedure advised an informal approach to address any initial performance concerns, and detailed the process that would be followed before a case reached a disciplinary hearing.

Our representative pointed out it was an established and recognised process not followed in Rory’s case.

The timing of the disciplinary action so quickly after the occupational health report and strained working relationship between Rory and his manger was also referred to in maintaining he was being treated unfairly.

Rory’s legitimate dissatisfaction at his treatment, impact of it and fact it had caused him to lose trust and confidence in the company was also detailed.

Our representative in concluding the presentation of Rory’s case, mentioned the fact he was open to a discussion to leave his role on agreeable terms.

This led to the disciplinary hearing being adjourned, a discussion and some negotiations before a settlement agreement was reached and Rory was allowed to leave on terms he was delighted with.

The fact he secured a new job just before the agreement was signed, added to the joy he felt at how the situation was eventually resolved.