Since qualifying in 2018, Johanna has supported clients with disciplinary and grievance issues, defending employment tribunal claims, senior exits, redundancies, TUPE, and day-to-day HR queries. She also has a strong interest in the overlap between employment law and data protection, regularly advising on subject access requests, data breaches, employee monitoring, and matters involving cross-border workers.
If an employee has failed to attend a disciplinary hearing, can we proceed in their absence?
When dealing with misconduct by a member of staff, it is important that a fair procedure is followed, otherwise any resulting dismissal may be considered unfair (providing the individual satisfies the eligibility criteria for bringing an unfair dismissal claim). In accordance with the LRA Code of Practice, a disciplinary hearing to discuss any potential issues with an employee is necessary before any disciplinary action is taken. Both the employee and employer should make every effort to attend this meeting.
As per the Labour Relations Agency (LRA) Code of Practice, if an employee cannot attend a disciplinary meeting through reasons which are outside his/her control
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