If an employee has failed to attend a disciplinary hearing, can we proceed in their absence?

Posted in : First Tuesday Q&A NI on 4 August 2020
Johanna Cunningham
Arthur Cox
Issues covered: Disciplinary & Grievances; Disciplinary Hearings; Remote Hearings

When dealing with misconduct by a member of staff, it is important that a fair procedure is followed, otherwise any resulting dismissal may be considered unfair (providing the individual satisfies the eligibility criteria for bringing an unfair dismissal claim). In accordance with the LRA Code of Practice, a disciplinary hearing to discuss any potential issues with an employee is necessary before any disciplinary action is taken. Both the employee and employer should make every effort to attend this meeting.

As per the Labour Relations Agency (LRA) Code of Practice, if an employee cannot attend a disciplinary meeting through reasons which are outside his/her control and of which are

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Back to Q&A's This article is correct at 04/08/2020
Disclaimer:

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.

Johanna Cunningham
Arthur Cox

The main content of this article was provided by Johanna Cunningham. Contact telephone number is Johanna Cunningham or email belfast@arthurcox.com

View all articles by Johanna Cunningham