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
Arthur Cox
Arthur Cox
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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 is likely that the effects of an unresolved dispute on the employee’s mental health may be greater

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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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