Disciplinary process after being signed off sick with stress

Can I continue a disciplinary process when an employee is signed off sick with stress?

 

 

It’s a myth that you have to abandon the process.

You can still continue but you need to add in extra steps to ensure it is fair and reasonable.

Engage occupational health or ask GP for a report or request medical records for the employee

If signed off with work related stress or reactive stress (due to the disciplinary process) you can continue the process.

It may well take more time.

Ensure employee remains informed that if the stress is reactive that by dealing with the workplace issue they can then focus on their health and getting better.

Ensure they have a companion.

Ensure there are plenty of breaks and there is access to refreshments etc

Potential for appeal stating they are not well enough to attend the hearing.

The appeal stage may be the point to take advice but you do not have to abandon the process.

 

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Refusing to return after furlough?

Where do I stand when employees are refusing to return after furlough?

Speak to the employee to understand why.

If they are concerned its not safe run through the risk assessment with them and reassure them with they steps you have taken.

If they are just used to being at home, look into hybrid working or phased returns.

If they still won’t return you can look at formal steps.

Do take advice.

 

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Can I ask an employee if they have been vaccinated?

Can I ask an employee if they have been vaccinated?

 

You can’t just ask because you want to know.
Vaccination status is “special” category of personal data under GDPR or DPA 2018.

Special information which should only be collected under special circumstances.

Why would you need to now this health information?
To conduct a risk assessment
To assess what is the risk to your workforce?
Or to comply with new test and trace rules – who should be isolating and who doesn’t need to isolate after being contacted by test and trace

You can’t ask just out of interest.
You can collect the information if you have a specific reason.

NOTE – This information must be stored securely

 

Implications of not giving a contract of employment on day 1?

What are the implications for a business if an employee is not given a contract of employment on day 1?

 

Its a requirement by law to issue a contract of employment (section 1 statement of particulars) on day 1 of employment.

It’s very important not to miss.

Penalty 2-4 weeks wages.

Why else do you need one?

Unknown parameters and boundaries without one If there is a dispute there are no rules to follow if you don’t have one in place

 

Main takeaway – Always issue a contract on day 1

 

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