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

Posted in : First Tuesday Q&A NI on 9 May 2024
Chris Fullerton
Arthur Cox NI
Issues covered: Long-term Sick Leave, Disciplinary Proceedings, Communication with Employees

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,

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Back to Q&A's This article is correct at 09/05/2024

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

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