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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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If an employee is off work with stress, is the company allowed

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If an employee is off work with stress, is the company allowed to contact ?
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. What is the contact for?
Customer: replied 2 years ago.

To call me into the office for a disciplinary hearing over an on-going dispute

If an employee is off work with stress it does not mean that the employer cannot make any contact with the employee during that time. However, they should be wary as to how much contact they make and what it is for. Generally, it is accepted that contact should be limited to checking how the employee is doing, whether they need any assistance and to discuss return to work. Contact about other matters, which could wait until you return, should be avoided. So if this is in relation to a disciplinary, they should really wait until you are well enough to return to work and then deal with it. However, there is nothing written down in law about this and it is all based on accepted principles. As such you cannot point the employer to anything in black and white which says they cannot do that because strictly speaking they can, but it is best if they don’t. So you can advise them that as you are off sick at present you will not be able to attend any disciplinary hearings and they will just have to wait until you return from work to proceed with that. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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