Do we have to obtain a medical report to confirm whether an employee suffering from stress is fit to attend a disciplinary hearing related to his alleged misconduct?

Posted in : First Tuesday Q&A NI on 2 September 2015
Arthur Cox
Arthur Cox
Issues covered:

This is a common issue for employers. If you are concerned that the disciplinary hearing may add to the employee’s stress or anxiety, medical advice may be obtained as to whether the employee is fit to attend a disciplinary hearing, and if not, when they might be. The employee’s consent to medical advice must be sought. Medical advice may be obtained from either the employee’s own GP or an independent medical expert /occupational health physician. However, additional stress is not necessarily a reason to postpone the proceedings (other than perhaps for a short time). 

As the Department of Work and Pension’s Health and Work Handbook notes, where the employee is suffering from

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Back to Q&A's This article is correct at 08/10/2015

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

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