Employees who take time off with stress to avoid a disciplinary complicate the process for both themselves and the employer. A disciplinary investigation can be intimidating. Employees might feel resentful if they perceive their actions as being misjudged as misconduct, fearing for their job security. Employers, on the other hand, often wish to resolve the issue swiftly and proceed with business as usual.
However, employees who take time off with stress to avoid a disciplinary at work may have little motivation to engage with the process.
When employees are suspended with full pay pending a decision, they often try to delay the disciplinary hearing to waste time. They use tactics like making last-minute call-offs or submitting fit notes claiming they are unfit to work.
An employer is entitled to demand a suspended employee be present at a disciplinary meeting during regular working hours. However, it is considered best practice to reschedule the hearing at least once. Especially if the employee has a valid reason for delay. If reasonable, the hearing may proceed without the employee present.
When employees take time off due to stress to avoid disciplinary action, it’s important to communicate that their absence does not alter the fact that they remain suspended pending the outcome of a disciplinary investigation.
When the absence becomes prolonged, seek clarity on the situation. Being unfit for work does not automatically equate to being unfit to engage in a disciplinary process.
Should an employee be genuinely unable to participate in the process, it’s crucial to determine if it’s reasonable to proceed.
Dealing with employees taking stress leave to avoid disciplinary action can be extremely challenging and risky. It’s essential to handle these situations correctly to protect your business and ensure fair treatment for all employees. Book your FREE HR Review with Metis HR today. We can discuss how we can help you manage any complex cases effectively. Ultimately helping you avoid potential fines and reputational harm.
