How do you deal with a situation where an employee is absent due to sickness and cannot attend a disciplinary?
In this episode of the podcast I answer a question from a listener about what to do when an employee says that they are not fit to attend a disciplinary hearing .
In this episode I will cover:
- Your options when this happens.
- What the ACAS code says about an employee not attending a disciplinary meeting.
- What are the requirements of 'natural justice'.
- Principles of a fair dismissal for misconduct known as the 'Burchell' test.
- The need to weigh up dealing with matters in a timely manner v principles of fairness and natural justice.
- Reasonableness and range of reasonable responses test.
- Reductions to compensation known as 'Polkey' deductions.
Action Points
- Where possible try to ensure that the employee can attend the meeting and if necessary agree to a delay to enable this to happen.
- Obtain medical advice and evidence wherever possible.
- Only proceed in the absence of the employee in exceptional circumstances.
- Obtain advice before making a decision about how to proceed.
Useful Links
BHS v Burchell
Polkey Case
ACAS Code of Practice
Khanum v Mid Glamorgan Area Health Authority
Unfair Dismissal Mini Series Episode 1
Unfair Dismissal Mini Series Episode 2
Unfair Dismissal Mini Series Episode 3
Unfair Dismissal Mini Series Episode 4
Unfair Dismissal Mini Series Episode 5
Unfair Dismissal FAQ's