Should you invite an employee to a disciplinary meeting whilst they are off sick

Where an employee who is subject to disciplinary proceedings is absent due to a short-term illness, the most appropriate course of action is likely to be for the employer to postpone the meeting until the employee is well enough to attend.

If the employee is on long-term sickness absence, the employer must balance the need to avoid unreasonable delay in the process with the importance of allowing the employee to put their case before it makes a decision.

You should take steps to determine whether or not the employee is well enough to attend, even though not fit for work. If necessary, you should obtain medical evidence focused on the employee's ability to take part in a disciplinary meeting, and what, if any, reasonable adjustments can be made to facilitate their attendance.

Adjustments could include holding the meeting online or at a location of their choice, allowing them to be accompanied by a family member or incorporating frequent breaks into the meeting.

If an employee is still unable to attend, the employer should consider putting the disciplinary process on hold until the employee returns. It will be seen as reasonable for a disciplinary hearing to go ahead in an employee's absence only in exceptional cases.

If a disciplinary hearing takes place resulting in dismissal, and the employee was not in attendance, the employer could face claims for unfair dismissal and, if the employee is disabled, disability discrimination.