It does not automatically follow that an employee who has been signed off work by his or her GP cannot be disciplined or dismissed.
If the conduct of the employee is so serious (the reason might be the actual absence from work – if it is a particularly lengthy one, or is the latest in a series of absences) or is damaging to the business, you could proceed towards dismissal. If the offence would not normally deserve dismissal then it may be best to await the employee’s return to work.
1. Set out in writing the employee's alleged "misconduct or characteristics, or other circumstances"
2. Send this statement to the employee, inviting him/her to attend a meeting to discuss the matter. (Advise the employee of their rights with regard to the Hearing
3. If they refuse, seek a medical opinion on whether or not the employee is fit enough to attend a Disciplinary Hearing even though he/she may be unfit to carry out their normal job function. (Make the employee aware of his or her rights under the Access to Medical Reports Act 1988. These include the right to refuse consent to the application being made to the doctor.)
Alternatives to consider offering an employee who cannot attend a Hearing at work:
Hold the Hearing at a neutral venue/employees home
Or, if he/she is not fit to attend:
Invite the employee to make a written response to the allegations, or
Offer the employee to nominate a representative to attend in his/her place
4. Hold the meeting (allowing the employee right of accompaniment).
5. After the meeting inform the employee of the decision and of his or her right of appeal and confirm the decision in writing.
Warning
The offence should clearly warrant such action, and the timing and location of meetings must be reasonable. It could be argued that deliberately arranging a Disciplinary Hearing at a time when the employee is ill, and therefore unable to attend, would be unreasonable, and that the employer should have waited until the employee has recovered before convening the Hearing.