How best is it to proceed with disciplinary/capability proceedings if the individual immediately goes off sick with stress or lodges a grievance?

Posted in : First Tuesday Q&A ROI on 2 December 2014
Zelda Cunningham
Arthur Cox
Issues covered:

In the above situation, two separate issues require consideration: the question of what an employer can do if the employee goes off work sick, and the question of how to handle any grievance lodged by the employee during a disciplinary/capability procedure.

The employee in question should be referred to a company Doctor or occupational health specialist for an assessment of his/her condition. In the referral, the employer must specify that they require confirmation if not only whether the employee is fit to work but also whether he/she is fit to attend the proposed meetings as part of the disciplinary/capability process. If the employee is deemed fit to participate and at that stage

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Back to Q&A's This article is correct at 02/09/2015

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Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email

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