Some HR situations are relatively straightforward, while others can leave even experienced managers uncertain about how to proceed. Few issues stir up as much anxiety in leadership teams as misconduct cases that take a sharp left turn into complex territory, especially when disability is involved. Add the fear of getting it wrong and ending up in tribunal, and it’s no wonder these situations often feel like a legal minefield.

So, what do you do when an employee admits to misconduct, but then tells you it was connected to a disability?

1. Don’t Panic, But Don’t Ignore It Either

The first and most important rule: if an employee discloses a health issue or disability during a disciplinary process, you’re officially on notice. You can’t just carry on with business as usual. Under the Equality Act 2010, employees with disabilities are protected from unfair treatment, including in disciplinary matters. From the moment of disclosure, you have a duty to pause, assess, and adjust if needed.

Include HR as soon as possible upon becoming aware of the situation, and share as much detail about the circumstances as you can. This enables HR to provide optimal support to employees while minimising business risk and maintaining empathy toward their disability(ies) and specific needs.

2. Do You Need To Adapt Your Process?

A standard disciplinary process might not be suitable in every case. Reasonable adjustments could be necessary, such as:

• Extra time to prepare or respond
• Holding meetings virtually or in quieter spaces
• Relaxing rules around who can accompany the employee
• Providing written materials in accessible formats

The key is, don’t assume. Ask the employee what support they might need. And if you're unsure, seek input from occupational health or a medical advisor.

3. Is the Misconduct Because of the Disability?

This is the crux of many tricky cases. If an employee’s condition caused or contributed to their behaviour, you must tread very carefully.

Here’s where case law offers guidance:

• In Hayes v Scania, an employee with ADHD reacted aggressively after workplace provocation. The tribunal found his disability played a role, but also that dismissal was justified given the seriousness of the misconduct.
• In Duncan v Fujitsu, the employee’s offensive messages were linked to ADHD and ASD. However, because he didn’t engage in the process or show insight, the dismissal stood.

The learning you can take from these cases, is that you can take action, but you need to prove it was necessary, reasonable, and proportionate.

4. Justify Your Actions

If disability is a factor, disciplinary action must be justifiable as a proportionate response to a legitimate aim. 

• What are you trying to achieve (e.g., protecting other staff, upholding standards)?
• Could you achieve the same outcome less harshly (e.g., a final warning instead of dismissal)?
• Have you considered medical input?

Document everything. Your reasoning, the options considered, and why your decision was necessary. It’s your best defence if things do end up in tribunal.

5. After the Outcome: Don’t Just Walk Away

Once the disciplinary process ends, your responsibilities don’t. If the employee stays, you may need to work with them to adjust their role or support them more proactively. If the outcome is dismissal, particularly where mental health is involved, it’s good practice to signpost external support and handle the exit sensitively.

Difficult HR scenarios like this are stressful, but avoiding them or handling them badly makes things worse. Get advice when you need it, involve medical professionals, keep your process transparent, and always lead with fairness. By doing so, you not only protect your organisation, but you also protect your people.

Want support with difficult HR cases?

Whether it's handling disability disclosures, navigating sensitive misconduct cases, or reviewing your policies, we’re here to help. Get in touch to speak confidentially with the Fresh Seed team.