Mental health in the workplace has become a topic of increasing significance for employers. With one in four adults in the UK experiencing mental health problems at some point in their life, it is not uncommon for small business owners to face situations where an employee’s condition affects their work. In these situations, employers often ask ‘What is the law relating to terminating an employee with mental health issues UK?’
Any issue relating to an employee’s mental health must be handled fairly, sensitively, and in line with the relevant laws. If you are in any doubt about your legal obligations in this regard, taking specialist advice from expert HR advisors like ours is essential. At GAP HR, we offer cost-efficient, commercially focused advice to small businesses like yours around the UK, all of whom trust us to handle their HR function and keep them tribunal free.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
What Is The Law Governing Terminating An Employee With Mental Health Issues UK?
Employers can only terminate an employee’s contract if they have a fair reason for doing so. If the employee is unable to do their job by virtue of their mental health condition, terminating their employment on the grounds of capability may be fair. However, you cannot terminate an employee with mental health issues purely by virtue of their condition.
Furthermore, under the Equality Act 2010, mental health conditions, such as depression, bipolar disorder, and anxiety, can be classed as a disability if they meet the specific criteria set out in the Act. Those criteria are that the condition has a substantial and long-term effect on the sufferer’s ability to carry out day-to-day activities.
If an employee’s mental health condition qualifies as a disability within the meaning of the Equality Act, employers must make reasonable adjustments for them. What will constitute ‘reasonable adjustments’ will depend on the circumstances, but might include measures such as offering additional support, allowing flexible working arrangements, and adjusting performance targets.
If you fail to take steps to make reasonable adjustments before considering terminating an employee with mental health issues that constitute a disability, the employee may be able to bring employment tribunal proceedings against you.
When Can Terminating An Employee With Mental Health Issues UK Be Fair?
While mental health issues alone are not a fair ground for terminating an employee, employers may be able to lawfully terminate an employee with mental health issues if the termination is for a fair reason.
Examples of situations which may constitute a fair reason for terminating an employee with mental health issues UK include the following:
• Terminating An Employee With Mental Health Issues On Capability Grounds
If an employee is unable to carry out their role, even after any reasonable adjustments required have been implemented, an employer may consider terminating the employee’s contract on capability grounds.
However, it is crucial that the employer can clearly demonstrate that the employee’s mental health condition is rendering them unable to carry out their job. This may involve:
- Seeking medical evidence on the employee’s mental health condition. Employers should seek an expert medical opinion, for example from the employee’s GP, detailing the nature of the employee’s condition and their prognosis.
- Seeking a report from occupational health detailing the adjustments that were made and whether any further adjustments may assist the employee in fulfilling their role.
- Allowing the employee additional time to prove that they can do their job with any additional reasonable adjustments recommended by Occupational Health.
- Allowing the employee the opportunity to seek their own independent medical report demonstrating that they are, in fact, capable of doing their job.
• Terminating An Employee With Mental Health Issues On Conduct Grounds
If an employee’s poor behaviour is unrelated to their condition, for example, persistent lateness without explanation, employers may be justified in taking disciplinary action against them. However, employers must act with caution when doing so, because some conduct may in fact be connected with the mental health condition.
• Terminating An Employee With Mental Health Issues Because Of Redundancy
If the employee’s role is genuinely redundant, an employee with mental health issues is not exempt from being selected for redundancy. However, it is crucial that the process followed is fair and lawful, and that the employer can demonstrate as much if the employee subsequently disputes the decision.
To summarise, employers cannot legally terminate an employee with mental health issues purely by virtue of their condition. However, if the employer has a fair reason for dismissing the employee, for example, capability issues, then the dismissal may be lawful. The process is key; the employer must document every step, obtain any necessary supporting evidence, such as a medical assessment, and demonstrate that they had implemented reasonable adjustments where required to do so.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
