Can an employer invite an employee to attend a disciplinary meeting when they are on sick leave?

Disciplinary meetings are formal procedures used by employers to manage employee conduct and performance. They provide a structured opportunity for employers to address concerns, hear the employee’s side of the story and decide on appropriate outcomes.

This can range from no action at all to warnings or even dismissal. To be lawful and fair, such meetings must follow a clear process that allows the employee a reasonable chance to participate and respond.

So what happens when an employee is on sick leave? Can an employer invite them to a disciplinary meeting? The short answer is yes, but it must be done with caution and fairness. Below, we explore how employers can manage this tricky situation without breaching their duties or jeopardising the integrity of the disciplinary process.

1. Reschedule the Meeting Where Reasonable

If an employee is unwell and on sick leave, it may be necessary to postpone the disciplinary meeting. While delays can be frustrating, ensuring that the process remains fair is essential. Rescheduling shows a willingness to accommodate the employee’s health and protects the integrity of the process. A disciplinary outcome reached without reasonable flexibility is more likely to be challenged.

2. Seek Occupational Health Advice

In cases of longer-term or more complex absence, obtaining advice from Occupational Health can be extremely valuable. An employee can be unfit for work duties but still able to participate in a meeting, particularly via video or phone. Employers should ask Occupational Health directly whether the employee is fit to take part in a disciplinary process and whether any adjustments are needed to support their involvement.

3. Consider Reasonable Adjustments

If the employee has a health condition that affects their ability to attend in person, especially if it relates to a disability, employers have a duty to consider reasonable adjustments. This may include:

• Holding the meeting remotely (via video or telephone)

• Allowing frequent breaks

• Involving a representative to support the employee

• Changing the time, format, or location of the meeting to reduce stress

  
  

Engaging with the employee to discuss helpful accommodations is key to maintaining procedural fairness and reducing the risk of a discrimination claim.

4. Offer the Opportunity to Submit Written Representations

If attendance remains an issue despite adjustments, employers should provide the employee with the opportunity to respond in writing. Allowing the employee to articulate their case or defence in writing ensures they remain engaged in the process, even if they are unable or unwilling to attend a meeting.

5. Proceed in Their Absence (A Last Resort)

If all reasonable steps have been taken and the employee still does not attend or engage, the employer may proceed in their absence. However, this must be handled with care. The disciplinary decision should be based on the available evidence, including any written representations provided. The employer should clearly document the efforts made to support the employee’s participation and the reasons for moving ahead without them.

Proceeding in someone’s absence is more likely to be scrutinised, so it is essential that the employer can demonstrate that every alternative was explored and that the process remained fair throughout.

Conclusion

Employers can, in principle, invite an employee on sick leave to attend a disciplinary meeting, but this must be approached with care, fairness, and a clear understanding of legal obligations. Each case will depend on the individual circumstances, including the nature of the illness, the seriousness of the disciplinary issue, and the steps taken by the employer to support the employee’s participation.

Failing to follow a reasonable and fair process could expose the business to claims of unfair dismissal or disability discrimination. To ensure your approach is compliant, it is always advisable to seek specialist employment law advice, tailored to the situation.

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Magara Law is an employment law firm with offices in Bicester, Banbury, Reading, and Paddington, London, and serves clients nationwide. 

For more information or to contact our employment law team at Magara Law, call 01869 325 883 or email roy@magaralaw.co.uk.