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
Zelda Cunningham
Arthur Cox
Issues covered:

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

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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 zelda.cunningham@arthurcox.com

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