Labour Research August 2015

Law Queries

Disciplinary hearing

Q. I have been summoned to a disciplinary hearing but the stress and anxiety is making me very ill. Can I be dismissed if I miss the hearing because I am too ill?

A. You can be dismissed if you don’t attend a disciplinary hearing because you are too ill, if you have been warned in writing that dismissal is a possible outcome of the meeting. However the dismissal won’t necessarily be fair, as it infringes your basic right to put your side of the story and to challenge the evidence.

You should ask your GP for a letter to give your employer, explaining that you’re too ill for the meeting (not just too ill for work), including some information about your medical condition, any medication and so on and suggesting when you might be well enough.

A tribunal would expect your employer to re-schedule the hearing at least once before deciding to dismiss in your absence.

If you’re disabled, your employer must make reasonable adjustments to the disciplinary process, which could include, for example, organising occupational health advice and support.

Even if you are not disabled, your employer must take reasonable care of your health and safety, which includes your mental health.

Any postponement request should be in writing.