The documents, written by Tina Elliott of Capsticks, stress the following important points:

- the minimum statutory dispute resolution procedures must still be followed in these circumstances;

- it is good practice for the employer to continue with aspects of the disciplinary investigation that can be completed in the employee’s absence, such as interviewing other witnesses and gathering relevant documents;

- the employer should follow the company’s normal sickness absence procedure, including the provisions relating to sickness certification, in order to ascertain the length of time that the employee is likely to be absent;

- if the absence is short term, the disciplinary process should be completed on the employee’s return;

- if it appears that the absence is likely to be long term, the employer should seek a medical opinion from the employee’s GP and, if the employee is not well enough to take part in the process, continue to manage the absence in accordance with the company’s normal sickness absence procedure and complete the disciplinary process on the employee’s return;

- if medical opinion is that the employee is well enough to attend, the disciplinary process should be continued subject to any conditions set out by the medical professional;

- when an employee becomes sick following an investigation and when a date has been set for the disciplinary hearing, a second invitation (at the very least) should be issued;

- if two invitations (at the very least) have been issued, the employer should continue to manage the absence in accordance with its normal sickness absence procedure and complete the disciplinary process on the employee’s return; and

- the employer should only go ahead with a disciplinary hearing in an employee’s absence as a very last resort (ie when the employee has been given at least two opportunities to attend and it is clear to the employer that the employee is in fact fit enough to attend).

The model documents are designed to complement XpertHR’s existing article on how to handle a situation where an employee goes off sick during a disciplinary process [subscription required].