A sick note is not an immediate stop sign for a disciplinary process.

It is a practice that is becoming increasingly common – employee invited to a disciplinary and then states they won’t be attending because they have been signed off sick – usually with stress or anxiety.

It doesn’t necessarily mean an employee is ‘faking it’, a stress reaction can be a common side effect of facing disciplinary proceedings and it can certainly cause anxiety for someone to face a formal meeting where their employment could be seen to be at risk.

How to Handle a Sick Note in a Disciplinary Process

Matters are always case specific, however our broad guidelines in these situations are:

Allow a Postponement

• Write to the employee and inform them that time is being given for them to work on their recovery and to prepare themselves for the meeting.

Reassure the Employee

• Remind them that no decisions have been made, the purpose of a disciplinary is to get to the bottom of what has happened and it is their opportunity to have their point of view taken into account

Offer Support

• Remind the employee of their right to be accompanied, and of any supportive contacts within the business who can provide pastoral support during the process.
• Consider allowing a friend or family member to accompany them.

Provide Flexible Meeting

• If your rescheduled meeting is refused, offer the opportunity for a virtual meeting, telephone meeting, or as a last resort for the employee to send their case in witing for consideration.
• Inform the employee of supportive measures available at the meeting, including for example refreshments, ability to have breaks, presence of HR.
• Ultimately warn that if the employee refuses to attend, the decision could be made to proceed.

Why This Approach Works

As with all employment processes, fairness and reasonableness is the key. Sometimes there is merit in reminding the employee that if they have had a stress reaction or are experiencing anxiety as a result of an impending disciplinary, whilst it remains ‘hanging over them’ the reaction is unlikely to go away, and that by dealing with matters they can then focus on their recovery.

If you are considering holding a meeting in an employee’s absence we so suggest taking advice on the specifics of the case to ensure that the steps you are taking are reasonable.

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