Failing at Dismissal

Failing at Dismissal

We’ve had a few clients failing at the “dismissal stage” recently.

Each one for exactly the same thing – not telling us that they KNEW the employee had long term mental health issues.

As the saying goes – the truth will out, and it always does, just as soon as the employee contacts ACAS Early Conciliation.

Then it comes to us, we see what’s being claimed by the employee, and end up having an uncomfortable conversation with the client, who’s clearly conveniently ignored what they KNEW about the employee’s mental health.


Myriad “reasons”:

  • “It’s not an official work communication” – it was said on social media, so although they saw it, it doesn’t count.
  • “It’s all sorted, and we don’t need to consider it anymore” – the employee said in a review meeting that they’d been to the GP and had their medication reviewed, so the employer concludes that it’s no longer a consideration.
  • “We’ve only heard it verbally” – the employee’s wife told his line manager that he’d been on and off antidepressants for years, but it was at the Christmas party, and not in an email or letter.

So let’s set the record straight:

If you know, you know, no matter how you found out or who told you.

And if the employee’s line manager has been told – no matter how – the company is also deemed to officially know about it.

If you have someone with mental health issues, please make sure you pass on ALL information to your HR advisor, because otherwise it can cost you thousands of pounds that you really did not need to spend.

Failing at Dismissal







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