An accountant with epilepsy was dismissed during probation after taking significantly longer than colleagues to complete tax returns. From a business perspective, the employer’s concerns were understandable, an efficiency and profitability matter.
The employer invited the employee to a probation review meeting where dismissal was a potential outcome.
So far, fairly standard….
But the tribunal ruled in favour of the employee, not because the employer’s concerns were unreasonable, but because the meeting invitation letter failed to make clear that reasonable adjustments linked to the employee’s disability would be considered.
That omission was enough to tip the balance.
It’s a powerful reminder that when managing employee issues, the detail matters.
Letters inviting employees to meetings are not just admin, they form part of the legal process. The wording must clearly set out:
- The purpose of the meeting
- The potential outcomes
- Any rights the employee has
- And where relevant, that reasonable adjustments will be considered
For SME business owners, this is often where risk creeps in. You’re juggling clients, operations, staff issues and the day-to-day demands of running a business, and yet one poorly worded letter can lead to a costly claim.
Many owners think they can’t afford fractional HR support.
But the real question is: can you afford not to?
Situations like this are exactly where experienced HR support protects businesses, ensuring the right process is followed, communication is clear and risks are managed properly.