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How to manage a Disciplinary Situation Where an Employee Reports Absent From Work
9th February 2009
It can be a common occurrence for an employee to report sickness following a disciplinary investigation...
What steps must the employer take to manage this type of situation?
In accordance with the company’s absence management procedure, the employee’s line manager should contact the employee to determine what has triggered the employee’s absence from work and to ascertain the likely duration of their absence.
Can the employer continue with a disciplinary hearing whilst an employee is absent from work?
This depends largely on the reasons for the employee’s absence from work. However, if it is reasonable for the employee to attend a disciplinary hearing then the meeting should continue. If the employee is absent from work due to stress as a result of the disciplinary situation, and they inform you that they do not feel well enough to attend the hearing, then it would be wise to postpone the hearing for a short period. Depending on the circumstances, another hearing should be scheduled for the employee to attend a short time later.
Where the employee continues to declare they are unfit to attend a hearing, it is advisable for the employer to write to the employee’s GP or refer them to Occupational Health to determine their fitness to attend a disciplinary hearing.
Where medical advice confirms the employee should refrain from attending a disciplinary hearing due to their present state of health, the employer should place the matter on hold until the employee is confirmed fit enough to attend.
How should the absence continue to be managed?
Line managers should continue to manage their employee’s absence in line with the company’s absence management procedure. Regular contact should be maintained at a level agreed with the employee. If necessary the employer should consider support mechanisms are put in place where the employee has sighted work related stress as the reason for their absence. In addition to this, upon the employee’s return to work, a risk assessment should be undertaken and regularly reviewed.
If the employee’s absence develops into a long term period of absence, the employer should obtain further medical information as and when necessary. It is advisable that the employer discusses cases of this nature with their HR Consultant as soon as possible.
When should the employer proceed with the disciplinary hearing?
Where medical information has been received to advise that the employee is currently unfit to attend a disciplinary hearing, the employer should only proceed with the disciplinary hearing once further medical information has been received confirming the employee is fit enough to attend. It is important to manage these cases with care to ensure that the period of absence is kept to an absolute minimum.
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