Handling Sick Leave and Grievances During Disciplinary Action

Introduction

Starting a disciplinary process is a serious step for any employer. It helps maintain standards and protect your business, but it often triggers additional challenges. Two of the most common issues SMEs face during disciplinary action are employees going off sick and employees raising a grievance. These situations can complicate matters if not handled correctly. Depending on the situation, it is not always necessary to stop the disciplinary process, but you must manage these issues fairly and in line with your procedures. In this article, we explain what these actions mean and outline the steps you should take to keep your process fair, compliant, and on track.

Why Do Employees Go Sick or Raise a Grievance During Disciplinary Action?

When an employee is informed of disciplinary proceedings, stress and anxiety can lead to sickness absence. Similarly, grievances are often raised as a defensive measure, claiming unfair treatment or bias. Both scenarios are common, but they require careful management to avoid legal risks and maintain fairness.

Common Situations and Recommended Actions

1. Employee Goes Off Sick During a Disciplinary Process

What does this mean?

• The disciplinary process does not automatically stop because the employee is off sick.
• You must consider their health and ability to participate fairly.

Actions to take:

• Request medical evidence for prolonged absence.
• Assess fitness to attend meetings: Seek occupational health advice if needed.
• Offer reasonable adjustments: Remote meetings or allowing a support person.
• Document everything: Keep clear records of communication and decisions.

2. Employee Raises a Grievance During a Disciplinary Process

What does this mean?

• A grievance does not automatically halt the disciplinary process, but it must be taken seriously.
• You need to decide whether to pause the disciplinary process or run both concurrently.

Actions to take:

• Acknowledge the grievance promptly and follow your grievance procedure.
• Assess the nature of the grievance: If it relates directly to the disciplinary process, pause and investigate before continuing.
• Maintain fairness and transparency: Handle both processes impartially.
• Communicate clearly: Explain timelines and next steps to the employee.

Why These Steps Matter

Failing to manage sickness absence or grievances correctly during disciplinary action can lead to claims of unfair dismissal, constructive dismissal, or discrimination. By following a structured approach, you protect your business and demonstrate fairness, which is essential for compliance and employee trust.

How We Can Help

We support SMEs through every stage of disciplinary and grievance processes by:

• Advising on legal compliance and best practice
• Drafting letters and documentation
• Guiding you on whether to pause or proceed with disciplinary action
• Providing HR support during meetings and investigations

Final Thoughts

Disciplinary processes are rarely straightforward. Complications like sickness absence or grievances can make them even more challenging. With the right approach and expert guidance, you can manage these situations effectively and minimise risk.

Call to Action

If you are dealing with a disciplinary process and facing issues such as sickness absence or grievances, contact us today. We will help you navigate these challenges with confidence and ensure your business remains compliant.