Where an employee is signed off on long-term sick leave during a disciplinary process, there will come a point where you need to try to progress that process to its conclusion. Use our letter offering options for a disciplinary hearing to do this.
Fair procedure
Where the employee is signed off sick pending a disciplinary hearing, your first step is to use our Letter to Sick Employee Postponing a Disciplinary Hearing to postpone the hearing until they’re well enough to attend. If the employee’s sickness absence is only going to be short-term (say, a week or two), then it’s reasonable to simply wait until they’re fit to return. However, if it’s looking like the employee’s absence is going to be more lengthy than that - for example, the next medical certificate (called a statement of fitness for work) submitted is for a month or more - then, as an employer, you have to balance the employee’s need for time off to recover their health against your need to conclude the disciplinary process whilst the issue is still fresh in everyone’s minds. So at this point it would be fair to explore alternative options to enable the disciplinary hearing to go ahead.
Alternative options
There are four main alternative options:
Our Letter Offering Options for a Disciplinary Hearing refers to the fact that the disciplinary hearing has already been postponed once or twice as a result of the employee’s ongoing sickness absence and then it goes on to offer the above four options. Finally, it asks the employee to confirm which option they’re willing to accept by a set deadline (give them at least a week to reply), failing which you’ll have no choice but to rearrange the disciplinary hearing anyway, warning them that it’s then likely to go ahead in their absence.