We sent a letter to an employee inviting her to a disciplinary hearing. We received a sick note by return, citing ‘stress’. What can we lawfully do to get the hearing underway? We suspect she is trying to avoid the situation – there’s no history of stress on her record.

Employers must consider two main issues when an employee cites ‘stress’ during a disciplinary process. These have to be considered even if the employer is suspicious over the employee’s claim.

The first issue an employer must consider is whether stress, anxiety or a mental health issue could have contributed to the need for a disciplinary hearing. This is more likely to be a concern when it is the employee’s capability, rather than misconduct, which resulted in the hearing in the first place. If this is a possibility, employers must consider suspending the disciplinary hearing, or indeed dropping the hearing altogether.

If the employee is absent for a prolonged period of time the employer