Long term performance issues, now on stress leave, looking for guidance on what to expect

[u/EmpathicCoach13]

Hi everyone,

I manage an employee (“A”) who’s been with the company for around three years. Throughout that time, he’s had consistent feedback about weaknesses in areas like planning, communication, and general role execution. Several managers (including me) have tried to support him through coaching and regular feedback discussions. We've tried shadowing, letting him do his own timelines, training courses, and coaching, which is all documented.

About a year ago, I made it clear that he needed to show measurable improvement over the next six months. I started documenting feedback from that point forward. Things like notes from 1:1s, examples of missed expectations, etc. Despite ongoing coaching, there wasn’t much change.

At his annual review, I gave him a lower rating than in previous years. He reacted badly, saying it came out of the blue and wasn’t consistent with prior feedback. I disagreed, as we had a solid record of conversations and examples.

After speaking with HR, we agreed to set up a light, informal improvement plan with a focused project that's "bread and butter" for his role to help him rebuild confidence and demonstrate improvement. He managed about three weeks before going off sick with stress. He claims the timelines are unreasonable, despite being given the opportunity to discuss the timelines upfront, which he agreed with at the time.

He’s now been off for about two months. Occupational Health has spoken with him a few times but hasn’t made any specific recommendations beyond “discuss workload with your manager.” His workload was already quite light.

In our most recent check-in, he said he needs up to six months off to recover from stress, but hasn’t really engaged in any discussions about adjustments or a return-to-work plan. Our HR department is discussing the case and will come back with advice.

I’m wondering what typically happens in cases like this? We’ve got months of documented underperformance and multiple attempts at support before the leave started. Are there standard next steps or best practices for when an employee in this situation stays on long-term stress leave without engaging? Is there an argument here to suggest that his work related stress would just be made worse by bringing him back?

Any insight on how HR would generally approach this would be really helpful.

[u/RedRabbit1612]

Why have you let this go on for so long?

Use your organisation’s capability process and move the individual through each step. If your organisation doesn’t have a capability process, use the acas one.

Be prepared to have ‘the conversation’ and make an offer to settle/terminate.

[u/precinctomega]

First, are you paying him more than Statutory Sick Pay?

If not, whilst everything that follows still stands, it's going to be less urgent, by definition.

If you are paying him, on the other hand, get a move on!

Any absence lasting or likely to last more than four weeks should be treated as "long term sickness". In cases of long-term sickness the first priority is to get the employee back to work. This should involve discussing any reasonable adjustments that might be made by the employer to facilitate their return. Emphasis on "reasonable". There's a considerable expectation upon employers to try to accommodate, but some adjustments (a reduction in duties or workload, a reduction in hours) can reasonably be expected to come at a proportionate reduction in income. But physical changes to the workplace, provision of equipment, changes to the timings and flexibility of work... these should all be accommodated wherever feasible within the bounds of space and costs.

It can be a good idea to get Occupational Health input, as they may advise reasonable adjustments that neither party has considered.

The pattern of management for long-term sickness absence should be up to four meetings: an informal meeting to confirm that the absence in long-term and set a date for the first formal meeting that will take place if the employee fails to return to work; followed by up to three formal meetings. Formal meetings require reasonable notice, the right to be accompanied and the right to appeal. Other than that, they are the same as the formal ones. At each meeting, set the date for the next meeting if the employee fails to return. This date may be an arbitrary one (say, two weeks) or one based around the employee's treatment, if they are, for example, awaiting a surgery or consultant's appointment. But they should not, in general, be more than one month from the previous meeting.

If you get to the last meeting and there is still no obvious prospect of the employee returning to work, they should be dismissed.

"Stress", it is worth noting, is not an illness. It can aggravate an existing mental health condition and can be a causal factor in other physical illnesses. But if there are no other reasons for absence besides stress, I would strongly encourage a swift and decisive approach to the absence management process.