The MIND mental health charity said poor mental health can be a factor in work performance and workplace misconduct. Dismissal or disciplinary action can be discrimination arising from a disability if there is a genuine connection between the disability and the capability or conduct issue, even if the employer is not made aware of the connection, it explains. The employer must be aware, or ought reasonably to have been aware, of the disability but does not have to be aware that this has given rise to the misconduct or poor performance.