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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44957
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was suspended from a position, accused of sharing information

Customer Question

I was suspended from a position, accused of sharing information with a third party. Info shared has no commercial relevance for current employer. My doc said the stress was literally "killing me" and put me on sick leave for anxiety. Been off for four weeks now and sick note covers me for another three weeks.
In the meantime, I've decided to resign, handed in 3 months notice as req'd.
Co still wants me to go to a disciplinary meeting? Must I do so and do I need to state from my doc that I cannot attend?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Expert:  Ben Jones replied 3 years ago.
Hello, my name is Ben and it is my pleasure to be able to assist with your question today. Please let me know how long do you still have remaining on your notice period?
Customer: replied 3 years ago.
Ben
I am signed off on sick leave till 5th May and then I've already resigned effective from 6th May. 3 months notice to 5th August.
Expert:  Ben Jones replied 3 years ago.
Hello again, your employer can still proceed with a disciplinary if you are serving your notice period. If you a signed off sick then you can certainly ask for the initial hearing to be postponed to a time when you are able to attend. However, the employer can eventually decide to hold the hearing in your absene, for example if you have postponed it already a number of times or if your absence has been prolonged. So for the time being you should be able to delay it but they can try and eventually hold it at some point before your notice period elapses. 

The employer may actually decide that the matter can wait, but should ensure that matters are not allowed to drag on if the predicted return date is constantly being extended. Things may easily reach the point at which no further delay can continue, bearing in mind that the ill employee may not be the only individual with an interest in the matter being resolved, and that the memories of witnesses may fade with time. In these situations, the employer must take a decision. In a minor case, it may decide simply to let matters drop in the interests of rehabilitating the employee as soon as possible. However, if the matter is more serious, the employer may simply have to find alternative means of proceeding. If you are still unable to attend then the employer can look for alternative ways to hold the meeting, such as over the phone, at a neutral venue  or in writing where you submit your defence to them and they consider it when making a decision. 

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you

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