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. 

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