An employee has gone off sick during a disciplinary process: what should employers do?

You have started dealing with a conduct issue. Perhaps the investigation is underway or the disciplinary meeting is already in the diary. Then the employee goes off sick.

Now you are unsure what to do next. Should you put everything on hold? Can you still contact them? What if they are signed off with stress and there is no clear indication of when they will return?

Meanwhile, the original issue remains unresolved. Managers are spending time trying to work out their next step and the wider team may still be feeling the impact.

You want to support the employee, but you also need to address the issue fairly and keep the business running.

Being off sick does not automatically stop a disciplinary process. What happens next depends on the employee’s health, whether they can take part and what changes might help them do so.

Acas advises employers to contact an employee who is off sick for a disciplinary hearing, rearrange the meeting and consider alternative arrangements.

The timing may be frustrating, but a clear understanding of the circumstances will help you decide a fair, practical way forward.

Start with the facts

The timing may raise questions, but it does not prove the employee is trying to avoid the process.

Find out what they have reported, how long they might be absent and why they feel unable to take part. Avoid jumping to conclusions in conversations or emails.

Keep the conduct concern and the employee’s health needs clear. Both need attention, and assumptions will make a fair decision harder.

Can you contact an employee who is off sick?

Yes. Agree who will stay in touch, how and how often. Keep contact manageable, particularly if the employee is experiencing stress or another mental health problem.

Check on their wellbeing and explain any arrangements you need to discuss. Be clear about the purpose of each conversation. A welfare call should not turn into an unexpected disciplinary discussion.

Does a fit note mean they cannot attend a hearing?

Being unfit for work does not automatically mean someone is unable to take part in a disciplinary meeting.

You need to understand whether they can consider the evidence and respond properly. If this is unclear, medical or occupational health advice may help. You must obtain their permission before contacting their doctor.

Useful questions include:

• Are they well enough to take part?
• Would a shorter meeting or different format help?
• Could taking part worsen their condition?
• When should their ability to participate be reviewed?

Focus on the information you need to manage the process fairly.

Could different arrangements help?

Discuss what would make participation easier. This might include a remote meeting, regular breaks, extra preparation time or additional support.

Where a disabled employee would otherwise be placed at a substantial disadvantage, you have a duty to make reasonable adjustments.

The right approach depends on the individual. A video call may help one employee, while another may need more time before any meeting is appropriate.

Can the investigation continue?

You may still be able to review documents or speak to witnesses while the employee is absent.

If they cannot attend an investigation meeting, consider rearranging it or offering another way to participate. Take account of their reasons and any relevant medical advice.

Gathering evidence does not mean deciding the outcome. The employee should still have a fair opportunity to answer the allegations before disciplinary action is decided.

How long should you postpone the hearing?

There is no fixed waiting period that works for every situation. You need to balance avoiding unreasonable delay with giving the employee a fair chance to take part.

Set a review date and explain what information you need before deciding the next step. This gives everyone clarity and helps prevent the process drifting without a plan.

Can you proceed without the employee?

In some circumstances, yes, but this needs careful judgement.

Consider the medical information, your procedure, how you have handled similar cases and the seriousness of the issue.

If you decide to proceed, tell the employee and give them an opportunity to submit a written statement. Consider all the evidence, confirm the outcome in writing and explain their right of appeal.

Repeated absence is not an automatic reason to go ahead. Get advice first, particularly if dismissal is a possible outcome or significant health concerns remain.

Record your decisions clearly

Keep a record of what you considered, the support and adjustments discussed and why you postponed or continued.

Your notes should help someone understand how you reached the decision. Keep medical information confidential and limit access to those who need it.

Need help deciding your next step?

An unresolved disciplinary issue can take up management time and affect the wider team. When sickness absence adds another layer, knowing how to move forward can be difficult.

At Dakota Blue Consulting, we help you weigh up the circumstances, understand the risks and decide a fair, practical next step.

Our retainer HR support gives you access to senior HR judgement grounded in the day-to-day realities of running a small business.

If you are unsure whether to postpone or continue? Speak to us before taking your next step.