Can an employer ask a medical adviser is an employee fit to attend a disciplinary hearing?

Posted in : First Tuesday Q&A NI on 4 March 2014
Arthur Cox
Arthur Cox
Issues covered:

A common problem for employers is that of the employee who, on being told to attend a disciplinary hearing, absents themselves by reason of ill health, frequently citing stress as the cause. If the employee is still absent after a period of time the employer may, subject to the employee's consent, obtain medical advice from the employee’s own GP or an independent specialist.

As a matter of good practice, it is usually sensible for employers to already have this consent in place which the employer can do by obtaining the employee’s permission at the outset of the relationship when they are asked to sign a contract of employment. The employer can then obtain an expert’s opinion without

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Back to Q&A's This article is correct at 02/09/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is +44 28 9026 2673 or email

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