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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47404
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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If i am on the sick can my company force me to attend a

Resolved Question:

if i am on the sick for stress can my company force me to attend a disciplin in that time
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What is the disciplinary for and how long have you worked there for?

Customer: replied 1 year ago.
alleged threatening and abusive behaviour ihave worked for the company for ten years
Expert:  Ben Jones replied 1 year ago.

If you are off sick the employer should postpone the disciplinary meeting until a time when you are fit to attend. Only if there have been persistent or unjustified failures to attend should they consider holding it in your absence. Whilst there is nothing stopping them from proceeding now in your absence, this could result in the disciplinary and any outcome being procedurally unfair. So you should contact them, remind them that you are off sick and ask that they delay it until you are certified fit to return to work.

This is your basic legal position. I have more detailed advice for you in terms of the rights you have should they make a decision in your absence, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

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Expert:  Ben Jones replied 1 year ago.

Thank you. In the event they take disciplinary action in your absence the first thing you can do is to submit a formal appeal to the employer. If the outcome was a dismissal then you have the option of making an employment tribunal claim for unfair dismissal within 3 months of the dismissal date.

A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.

If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.

The conciliation procedure and the form to fill in can be found here:

https://ec.acas.org.uk/Submission/SingleClaimantPage

In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.

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