Rank: New forum user 
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I have been involved with an issue at work where an employee has just returned to work after 4 months absence due to depression. we have eased him into work after assessing his conditiion with interviews and private medical examinaton.
I am, however in disagreement with his Manager and the Company HR Manager who are intent on initiating disciplinary action against him because he failled to adhere to the policy in place regarding keeping in touch when he was absent (2 weeks over 4 mnths). He went through a particularly rough period during his absence and has said that he was concentrating on "survival" and he was not in a mental condition to talk to work.
I believe that, considering the circumstances that initiating disiplinary action would be wholely inappropriate and would only serve to further distress the chap.
Any help and advice with this would be very much ppreciated.
Thanks,
Steven Hope
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Rank: Forum user
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Steven,
My first point is why you are getting involed at this level. If it is only professional you might want to think about the implications of this. If it is more you run the risk of being seen as partisan.
This is a difficult issue as there are many variables.
Anyway, on the issue you raise I have to say that the response depends very much on the culture of the employer. In a good situation the employee would be able to explian their siutation with a reasonable expectation that the manager would be understanding. This raises a question concerning what this person's absence record has been over the laast year or two. Also it depends on their general performance to be honest, it sounds like there are other issues going on here.
Is there a trade union, if so use it. Is ther a sickness and absence policy, check to see what is says. Check the CIPD website and ACAS for standards around manageing absence. If the person was really as bad as you say it seems odd that they are OK to return after two weeks. Again what is the rest of the story?
Another point is to get a doctor on board if you can.
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Rank: Forum user
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I would agree with Garry here - there may be much more to the situation than meets the eye. A Union (if there is one, recognised or not) can offer excellent advice and my have experience in this area.
A professional opinion (e.g. the employee's Doctor) should be sought, preferably before any disciplinary action is taken, less the stress of any hearing prompts the employee to claim constructive dismissal or harrassment. This however, would require the employees' consent, which they may well query. The interviews and medical you say that has been done are post-event and so may not point to the state of his health during his absence.
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Rank: Super forum user 
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Some might consider a disciplinary warning a mild approach. He could have been dismissed in absentia for not reporting in as required. From a H&S professional's perspective though, this is one to back rapidly away from.
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