A recent coroner’s finding that an employer’s disciplinary process materially contributed to an employee’s death by suicide is a stark reminder of the importance of handling workplace investigations with care. With World Suicide Prevention Day falling on 10 September, it is an opportunity to review how you support employee wellbeing during sensitive workplace processes and ensure you manage procedures both fairly and carefully.
World Suicide Prevention Day: a reminder for employers
World Suicide Prevention Day takes place on 10 September each year, providing an opportunity to raise awareness of suicide prevention, and encourage greater understanding and support for those who may be struggling. This year’s theme, “Changing the Narrative on Suicide”, focuses on moving away from silence and a lack of understanding towards greater openness, empathy and support. For employers, this is an important reminder of the role the workplace can play in supporting people’s wellbeing, particularly during tough or stressful periods, and the importance of creating a culture in which people feel able to seek and receive support.
The recent case involved an employee who died by suicide following a workplace meeting concerning misconduct allegations. It highlights the importance of considering employee wellbeing when managing sensitive workplace processes, including investigations and disciplinary proceedings.
When a workplace process has serious consequences
A recent coroner’s finding has highlighted the potentially serious impact that workplace investigations can have on employees. The case concerned an employee who was the subject of an anonymous complaint alleging that they had informally shared information about colleagues, which they denied.
The employer invited the employee to what was described as a fact-finding and informal meeting. However, the manager conducting the meeting did not make clear what might happen if the allegation was upheld. The employee believed that dismissal was a potential outcome but, under the employer’s disciplinary procedure, the manager should have informed the employee in writing that if the allegation was true, the outcome would be a written warning, not dismissal.
Tragically, they died by suicide shortly after the meeting and the coroner found that the employer’s process had materially contributed to their death.
The coroner also identified shortcomings in the way the employer had handled the process. It had not given the employee a written statement of the allegations and had not followed aspects of its own procedures, including provisions relating to notice of meetings, the opportunity to be accompanied and information about the likely outcome if the allegations were upheld.
The case is a stark reminder of the importance of handling workplace investigations and disciplinary processes carefully and sensitively, while ensuring that employees understand the process they are facing and the support available to them.
Recognising the impact of disciplinary processes
Going through a disciplinary process can be stressful for any employee. It can create significant uncertainty, particularly where the employee is concerned about the impact of an investigation on their career. That stress may affect an individual both at work and in their private life and, in extreme circumstances, the consequences can be tragic.
It is therefore important to carry out disciplinary processes with empathy, ensuring the process is clear and fair, and that the employee understands it. Give employees key information, including the allegations against them, the potential consequences and their rights during the process. Remain alert to signs that the process is affecting an employee’s wellbeing and consider what support may be appropriate.
This is important not only from a human perspective, but also because employers have legal obligations relating to the health and safety of their employees. Additional obligations may arise under the Equality Act 2010, including the duty to make reasonable adjustments where an employee’s mental health condition amounts to a disability.
Practical steps to reduce unnecessary stress
Whilst you cannot remove the inherent stress of a disciplinary investigation, you can take steps to support employees and minimise unnecessary stress while conducting disciplinary processes fairly and effectively:
- Be clear from the outset: Explain the allegations, the purpose and stages of the process and, when appropriate, the possible outcomes.
- Provide key information in writing: Always confirm allegations, possible outcomes and the employee’s rights in writing, not just verbally.
- Take particular care with suspension: Suspension can affect mental wellbeing, so consider alternatives and, if suspension is unavoidable, keep it as short as possible and make clear suspension is not a finding of guilt.
- Consider wellbeing throughout the process: Avoid treating wellbeing as something to consider only where an employee has disclosed a mental health condition. Be alert to signs of distress and maintain appropriate contact with the employee throughout the process.
- Signpost support services: Remind employees of any Employee Assistance Programme or mental health resources available to them, both at the start of the process and throughout.
- Train managers conducting investigations: Ensure those leading disciplinary processes understand how to recognise signs of distress and respond appropriately, and know when to escalate concerns.
- Be ready to adapt the process: This could involve allowing breaks, changing the format of meetings, allowing someone to accompany the employee even where there is no formal right or obtaining Occupational Health input about how the process can continue fairly.
Building empathy into your processes
World Suicide Prevention Day is an important reminder that creating a supportive workplace is not limited to responding when an employee raises concerns about their mental health. Consider how routine workplace processes affect the people involved and build clarity, empathy and appropriate support into your procedures.
Doing so can help reduce unnecessary stress for employees while enabling you to run difficult processes fairly and effectively. A clear, well-managed process will also help demonstrate that you acted reasonably if the ultimate outcome is dismissal, which the employee later challenges as unfair.
