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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 66905
Experience:  Qualified Solicitor
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It is an employment law area. Not yet. I am the employee and

This answer was rated:

It is an employment law area.
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: Not yet.
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: I am the employee and have a problem.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, please do connect.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Please provide some more details of your circumstances. Please note it is extremely busy at present due to the ongoing situation so there will likely be a delay in replying, but I will get back to you at some point today. Thanks

Customer: replied 15 days ago.
II am facing a disciplinary hearing for alleged gross misconduct.
My health condition both physical and psychological are deteriorating and I want to know what happens if I cannot attend the hearing due to having to be in self-isolation if advised by GP?
I have a authorised holiday in June and I would like to use this time to rest and get further to good health.
If I am unwell till holiday start would the employers have to wait with the discplinary hearing until my holiday is finished?

Many thanks for your patience. If you are unable to face the hearing, or anything to do with the disciplinary process, then the first thing you should do is try to get yourself signed off sick. You would then be officially off work and unfit for duty, which would also include any work-related matters, like a disciplinary. Whilst nothing in law specifically says they have to postpone the hearing, it is generally considered good practice to do so and it may also become a requirement under equality legislation if you are off because of a disability. Int hat case the employer would have a duty to make reasonable adjustments if you will be placed at a disadvantage because of a disability. A reasonable adjustment would be to simply postpone the hearing to allow you to recuperate. Whilst the postponement cannot be indefinite, it should be reasonable, considering what is a fair time for you to get better, considering the circumstances and reasons for unavailability.

Does this answer your query?

Customer: replied 14 days ago.
the first part.
Can I go on just after the sick note ends, to my, already approved by my employees holiday, to continue recovering after the sickness and company has to respect it or can they legally change od cancel my holiday dates to executive disciplinary hearing?
Customer: replied 14 days ago.
The holiday has been approved by managers and is being displayed on time gate diary.
Customer: replied 14 days ago.
The sickness is doctor's advised NHS certified Covid-19 self-isolation after showing certain symptoms.

They should still honour your pre-approved holidays and not change or cancel them or ask you to attend during a period of annual leave.

Does this clarify things a bit more for you?

Customer: replied 14 days ago.
IT did a bit more.
What if they ask me to take part in it and I will insist to do it after my annual leave.
Customer: replied 14 days ago.
Can they dismiss me in my absrnce, legally?
Customer: replied 14 days ago.

There is nothing stopping them from dismissing you whilst you are absent, however that will not necessarily make it an unfair dismissal. If challenged the Employment Tribunal will have to look at whether this was the fairest option and if the employer could have waited a bit longer to have you present in person to ensure a fair hearing

Ben Jones and other Law Specialists are ready to help you
Customer: replied 14 days ago.
Good morning,
many thanks for yesterday exchange of information and advice,
I would like ask some further questions today, would that be possible?