Top 10 HR questions August 2023: Ill health dismissals and disciplinaries

If an employee is unable to work because of illness, for how long does the employer have to continue employing them?

One of the top FAQs for the month looks at the circumstances in which an employer can dismiss an employee on grounds of ill health. As is often the case, this will generally come down to a question of whether the employer has acted reasonably. The FAQ looks as what this actually means in this context.

The top question deals with how employers have to balance an employee’s right to a fair disciplinary procedure with the data protection rights of others involved. It looks at what an employer has to weigh up if a witness does not want their evidence to be disclosed.

Other questions on the disciplinary process address what to do if the employee resigns or is off sick.relx_copyright – This article is Brightmine content – Copyright 2024 LexisNexis Risk Solutions

The top 10 HR questions in August 2023:

1. Must an employer disclose notes and witness statements produced during a grievance or disciplinary procedure if an employee requests them? 

2. When can an employer dismiss an employee on the grounds of ill health? 

3. If an employee resigns after disciplinary proceedings have started should the employer continue the procedure? 

4. What should the employer and employee discuss at an individual redundancy consultation meeting? 

5. Can an employer invite an employee to attend a disciplinary hearing when they are on sick leave? 

6. Where an employee is provided with a car allowance instead of a company car can this be withdrawn if they go on maternity leave? 

7. Can an underperforming employee on a fixed-term contract be dismissed before the end of the fixed term? 

8. Can employers carry out criminal records checks under the UK GDPR? 

9. In what circumstances can an employer reject a request for flexible working? 

10.What should an employer do if an employee at risk of redundancy goes off sick during the consultation process?

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