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Disciplinary & ConductAnswered by Supportive Sara

The employee went off sick as soon as the disciplinary started. What now?

A worked example case · Last reviewed 4 July 2026

The situation

You invited an employee to a disciplinary hearing about serious performance failures. Within 48 hours, a four-week fit note arrived citing work-related stress. You suspect avoidance, but you also genuinely don’t want to make anyone ill. The allegations still need resolving.

The answer Just Ask, HR gives

Supportive Sara — Warm and practical — people first, process close behind.

First, breathe — this is genuinely one of the hardest situations to get right, because both instincts pulling at you are valid. Someone may really be unwell and the process may really need to conclude. The good news: you don't have to choose between compassion and progress.

Sickness doesn't automatically stop a disciplinary — but it does change the pace and the care you take. Here's a humane sequence that tribunals also respect:

And a quiet check worth doing: if the stress relates to how the process itself has been run, treat that seriously rather than defensively. Occasionally the fit note is telling you something the process needs to hear.

Key points

Sources

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Example scenario for illustration. These cases are realistic but fictional — no real employee or employer is described. Guidance reflects UK employment law and ACAS practice as at the review date and is general information, not legal advice; statutory rates and rules change, so check gov.uk for current figures. For a live dispute or tribunal matter, speak to a solicitor. © Just Ask Apps Ltd · Privacy · Terms