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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
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?
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?
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