Disciplinary action and dismissals

When an employee’s absence is unexplained or unconvincing, an employer can undertake disciplinary action.

Before you take action

Things to consider before taking action

Once you’re sure you’ve carried out the correct procedures and that the situation hasn’t improved, a dismissal may be considered as a last resort.

Prior to taking any kind of disciplinary action, an employer should:
Request the absentee call in by a certain time each day.
Have a line manager follow up on unexplained absences.
Carry out a return-to-work interview.
Give the employee an opportunity to improve by issuing oral or written warnings.

Procedure and dismissal

A fair procedure

In order to follow a fair disciplinary procedure, the employer should provide the employee with:

Written details of the allegations being made against them.
Any supporting evidence.
An invitation to a disciplinary meeting.
The opportunity to invite a colleague or trade union representative to their disciplinary hearing.
The chance to put forward their case at the hearing.
An outcome letter, detailing the result of the hearing and stating reasons for the decision.

If an employee fails to respond to an employer’s efforts to contact them, a disciplinary meeting can be conducted in their absence - but a letter should be sent informing them that action is being taken.

Medical capability dismissal

In extreme situations, it may be legally fair to dismiss a frequently absent employee even if the absence is genuine - usually on grounds of medical capability.

But this should only be a last resort after thorough and careful process of medical investigation and consultation and after all other avenues have been explored. Dismissal is always a last resort and you should consider as many ways as possible to help the employee back to work, including;

Getting a medical report from their GP with the employee’s permission - they have the right to see the report before you do.
Arranging an occupational health assessment.

Working out whether they have a disability and make any reasonable adjustments to help them do their job.

If the employee can’t do their job because there are no reasonable adjustments that can be made, it may be fair for you to dismiss them, even if they have a disability.

Not sure if you’re on the right side of legislation? Take a look at our 24/7/365 Advice Line service.

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