The first step is promptly to seek to discover whether the employee is fit enough to attend a disciplinary hearing, even if not fit for work. The preferable course is to ask the employee to see a doctor appointed by the company; ideally, one with specialist knowledge of the particular condition referred to in the doctor's note. Alternatively, you could ask the employee for consent, under the Access to Medical Reports Act (Written consent), to seek a report from his or her GP. In seeking a report from the doctor, whether the employee's or the company's, the question should be asked when and in what circumstances the employee will be fit to attend the hearing if not currently fit. It may be, for example, that the employee could attend the disciplinary hearing if certain adjustments were made, such as the location of the hearing or allowing the employee to take breaks as and when needed.
If the employee is not currently fit to attend, the company will need to consider whether it can postpone the hearing until the employee is fit. In general, it will be advisable to postpone the hearing, though, where relevant, evidence should be gathered from witnesses while recollections are fresh. The employee should also be invited to supply in writing his own statement in relation to the charge.
Only if the doctor is unable to give a prognosis for recovery or the estimated delay is plainly excessive given the seriousness of the charge should the company consider going ahead with the disciplinary in the absence of the employee. In that event, the full details of the disciplinary charge and the evidence against the employee should be sent to him and he should be invited to comment in writing. It is advisable to ask the employee to nominate a fellow employee or trade union official to represent his interests at the hearing.
Under the statutory dismissal procedure the employer is required to hold a meeting with the employee before taking any disciplinary action. The timing and location of the meeting must be reasonable. However, where it is not practicable for a meeting to be held within a reasonable period then there will not be a breach of the procedure.
There is inevitably some risk in proceeding in the absence of the employee and advice should be taken from your EEF Association before proceeding.