Conduct hearing while sick

[cuddyhung]

can RM hold a conduct hearing for a postman while he is off ill ,, a colleague of mine was called in for an informal conduct hearing and informed he was suspended till a formal conduct hearing could be arranged ,, before they could hold the hearing my colleague went off sick ,, he is covered by the Equality act ,, this has been 12 weeks now ,, he is apparently still suspended ,, but also is still off with a sick line ,, can they hold a hearing in his absence if he is not well enough to attend ?

[rehabron]

can RM hold a conduct hearing for a postman while he is off ill ,, a colleague of mine was called in for an informal conduct hearing and informed he was suspended till a formal conduct hearing could be arranged ,, before they could hold the hearing my colleague went off sick ,, he is covered by the Equality act ,, this has been 12 weeks now ,, he is apparently still suspended ,, but also is still off with a sick line ,, can they hold a hearing in his absence if he is not well enough to attend ?

While off sick it is conditional that contact is made with the office giving a brief report on how your medical condition is. Management can also write to attend for interview for a discussion on how your illness is progressing and how they can assist you for a quicker return to work. Be careful if your colleague agrees to attend for this interview management may then decide on his appearance at the office to combine this with the formal conduct interview. However he would have to have been given the opportunity for a companion or union rep to accompany him at the conduct interview. He therefore needs to advise management that he is not well enough to attend the absence interview.

[cuddyhung]

in other word stay away

[Lounge Lizard]

in other word stay away

Yes, if you're too ill for work you're too ill for an interview.
And remember that disgraced former Labour MP Margaret Moran was well enough to be spotted enjoying herself at a pub only five days after a judge ruled she was too depressed to stand trial. The 57-year-old former MP cheated the taxpayer out of £53,000 in one of the worst cases of fraud to emerge from the parliamentary expenses scandal. As a consequence of the judge's ruling on her mental health the former MP for Luton South will not be jailed nor receive a criminal record, despite her conviction of 21 counts of fraud earlier this month.

[IcanthelpthewayIam]

he can still be dismissed for conduct reasons whilst on sick leave

[rehabron]

he can still be dismissed for conduct reasons whilst on sick leave

Exert from Conduct Code " EMPLOYEES RIGHTS" Section 4.6 " TREATMENT OF CASES " EMPLOYEES HAVE THE RIGHT TO EXPECT THAT DISCIPLINE CASES WILL BE DEALY WITH PROMPTLY. IN ALL COMMUNICATIONS THE RELEVANT TIMESCALES WILL BE SPECIFIED. IF AN OFFENCE COMES TO LIGHT CONCERNING AN EMPLOYEE WHO IS ON SICK LEAVE, AN EXPLANATION WOULD NORMALLY AWAIT RETURN TO DUTY UNLESS CIRCUMSTANCES JUSTIFY URGENT ACTION. IN SUCH CIRCUMSTANCES EMPLOYEE HEALTH SERVICE ADVICE SHOULD BE TAKEN AND CARE TAKEN TO AVOID DETRIMENT TO THE INDIVIDUAL'S HEALTH. WHERE AN EMPLOYEE HAS COMMENCED SICK LEAVE FOLLOWING AN OFFENCE COMING TO LIGHT, AND IT IS CLEARLY IMPRACTICABLE FOR THEM TO ATTEND THE DISCIPLINE INTERVIEW, THE CASE SHOULD BE PURSUED ON HIS/HER RETURN TO WORK UNLESS IT IS OF SUCH GRAVITY THAT IT MUST BE PURSUED IMMEDIATELY ( EG. THERE IS SUBSTANTIVE EVIDENCE OF DISHONESTY OR ABUSE OF SICK LEAVE PROVISIONS).