Can you Conduct a Disciplinary Hearing While an Employee is off on Long-term Sick Leave?

As an employer, it is in your best interests to conduct all disciplinary procedures in a manner which promotes fairness in order to mitigate any potential legal claims being brought against you . As such, it is preferable that the employee attends any disciplinary hearings so that they may best state their case. Consequently, unless there is a compelling reason to do so, employers should be advised to avoid proceeding with a disciplinary hearing without the employee being in attendance.

In the event that an employee goes off on sick leave, the employer should reach out to them to discuss the nature of their absence and assess how long they are likely to be absent. If practicable to do so,