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EEdinburgh Chamber of Commerce
·10 November 2026·🇬🇧

When managing poor performance becomes a legal risk for employers - Edinburgh Chamber of Commerce

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Summary

This article explains how employers under UK Equality Act 2010 have legal obligations to make reasonable adjustments for employees with mental health conditions that constitute disabilities, even without formal diagnosis. Employers risk discrimination claims if they proceed with performance management or disciplinary action without first exploring whether an employee's performance issues may be linked to an underlying mental health condition.

Key Points

Graham Millar, employment law partner at full-service law firm Gilson Gray With employers under pressure to manage productivity, tackle absence and maintain performance standards, difficult conversations about employees falling short of expectations are an unavoidable part of running a business. However, there is a potential legal risk that can be easily overlooked when addressing these issues, pa…

This article was originally published by Edinburgh Chamber of Commerce.

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