We have an employee who failed to attend a disciplinary hearing. May we proceed to consider the matter in his absence? 

Posted in : First Tuesday Q&A NI on 4 October 2016
Chris Fullerton
Arthur Cox NI
Issues covered:

The LRA Code, referred to above, provides that when an employee fails to attend a first disciplinary hearing, it is good practice for an employer to re-arrange the hearing to an alternative date and give the employee further notice to attend the re-arranged meeting.

If an employee fails to attend any further disciplinary hearings without good cause (for example, ill-health or recent bereavement), the employer should then make a decision on the evidence available. In doing so, employers should weigh up the following considerations:

  • Any rules the Company has regarding disciplinary hearings;
  • The seriousness of the disciplinary issue in question;
  • The employee’s disciplinary record, their work

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Back to Q&A's This article is correct at 04/10/2016

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.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

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