We sent a letter to an employee inviting her to a disciplinary hearing. We received a sick note by return, citing ‘stress’. What can we lawfully do to get the hearing underway? We suspect she is trying to avoid the situation – there’s no history of stress on her record. Posted in : First Tuesday Q&A ROI on 4 October 2016
Whilst an employer cannot be expected to postpone the meeting indefinitely, an employee’s right to attend a disciplinary hearing should not be dispensed with too hastily. It is generally very difficult to proceed in the employee’s absence as this could later be deemed to be a breach of fair procedures.
It would be prudent to require the employee to attend an occupational health provider with a view to obtaining a medical report on the employee's fitness to participate in the disciplinary hearing. It is important to remember that the employee is entitled to a copy of the letter referring them for an occupational health assessment. Whereas an employee may be unfit to
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Back to Q&A's This article is correct at 04/10/2016
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