How long must we wait for an employee to participate in an Investigation where the he is providing medical certificates confirming too stressed to participate?

Posted in : First Tuesday Q&A NI on 7 October 2014
Emma-Jane Flannery
Arthur Cox

Unfortunately, there is no rule of thumb on how long you must wait. This will depend on the facts of each individual case and there is very little that you can do to speed the process along.

Given that medical advice agrees that he is too stressed to participate in the investigation, you may struggle to justify proceeding in spite of this advice. That said, additional stress is not necessarily a reason to postpone the proceedings (other than perhaps for a short time).

As the DWP’s Health and Work Handbook notes, where the employee is suffering from stress-related or depressive symptoms: “… it

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

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.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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