How to handle the situation where an employee goes off sick during a disciplinary process

Author: Tina Elliott

Summary

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• Keep the disciplinary process intact until it reaches a conclusion.
• Complete as much of the disciplinary investigation as possible in the absence of the employee.
• If the absence is short term, complete the disciplinary process on the employee's return to work.
• If the absence is likely to be long term, seek medical advice as to whether or not the employee is well enough to take part in the process.
• Consider offering to hold the hearing at a neutral venue, or other concessions to facilitate the hearing.
• Consider if it is appropriate in the circumstances to invite the employee to make written submissions or nominate a representative to attend the hearing in their place.
• Bear in mind that there will be a risk of a finding of unfair dismissal if an employee is dismissed in their absence while off sick.