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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48156
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I am currently signed off due to work related stress and my

Resolved Question:

I am currently signed off due to work related stress and my next Doctors appointment is Thursday 14th May 2015. (my employer is aware of this)
I have received notice from my employer of a disciplinary hearing for later that same day. My question is, is it reasonable for my employer to hold this meeting whilst I am still under medical supervision?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Are you signed off for that day too?
Customer: replied 2 years ago.

Yes, my understanding is that that next Thursday is not my date for returning to work it is date upon which I have to see the Doctor for a further assessment

Expert:  Ben Jones replied 2 years ago.
What exactly does the note say about this?
Customer: replied 2 years ago.

It says: -

That I am not fit for work for two weeks from the 30th April, and I have e-mailed my employer to advise them that the sick note had been posted to them first class and that I had a further Doctors appointment on the 14th May.

Expert:  Ben Jones replied 2 years ago.
How long have you worked there for?
Customer: replied 2 years ago.

Since June 2009

Expert:  Ben Jones replied 2 years ago.
You would be considered signed off until the 14 May at least as 2 weeks from 30 April expires on 14 May so the earliest you would be expected into work would be the following day, 15 May. It is not unlawful for an employer to ask you to attend a disciplinary hearing whilst off sick however general rules on fairness dictate that this should not be the case and a short grace period allowed for the employee to return to normal first.
If an employee fails to attend through circumstances such as illness that are outside their control and were unforeseeable at the time the meeting was arranged, the employer should arrange another meeting. If an employee fails to attend the first meeting arranged, it will usually be good practice for the employer to re-arrange the meeting to an alternative date in order to give the employee a further chance to attend. However, if the employee persistently seeks to postpone the rearranged meeting or simply fails to attend without good reason, a decision can in some cases be taken in the employee's absence.
So you should make a formal request to have the meeting postponed, allowing you time to recover and return back to work as normal, giving you a fair chance to defend any allegations made against you.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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