An employee was suspended on full pay pending the outcome of an investigation process. They immediately send in a sick line. Investigation recommended disciplinary action. Employee is still claiming not fit to attend, GP has said not fit to attend, company doctor says he is. What do we need to be aware of if holding a hearing in absentia?

Posted in : First Tuesday Q&A NI on 7 July 2015
Arthur Cox
Arthur Cox
Issues covered:

Where an employee (or their GP) has indicated they are not fit to attend a disciplinary hearing which conflicts with the advice of your company doctor, you might consider obtaining medical advice from an independent doctor such as an occupational health physician.

Whilst disciplinary hearings can be heard in the absence of the employee in certain circumstances, this should only be considered as a last resort. Consideration should first be given to alternative ways of conducting the disciplinary hearing. This might be, for instance, by telephone, at a neutral place or location nearer the employee's home address, or even inviting the employee to submit written submissions. The employee must

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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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