dismissed whilst off sick?

[klbebbo]

Hi, i had a disciplinary on fri 26 may which was adjourned as the company wanted to investigate further going off info i had given to them. It was confirmed to be reconvened for thurs 1 june however the company rang me the evening before to say they hadnt finished and the meeting postponed to the 12 june. By this time i was so fed up and ended up on sick. I have had a letter the meeting will be the day after my sick note runs out and even if i cant attend they will proceed without me. Can they do this? I now have another sick note for an extra week can they dismiss me whilst on sick, thank you to anyone that can help

[WendyS]

I don't think they can dismiss you whilst you're off sick because the statutory disciplinary processes will not have been completed and you could take them to an Employment Tribunal for unfair dismissal. I am unsure whether they can proceed without you because unless they have offered you the opportunity to have somebody represent your interest, you will not have had a fair hearing. You may find the ACAS website (Arbitration and Conciliation Service) of help if you want more information.

[WendyS]

www.acas.org.uk

[tomestone]

People can have their contacts terminated whilst on the sick but the reason and wording will be significant for a tribunal case.There may be reasons of frustration of contract for example.You can change the date in writting due to circumstances,however if it is a hearing to give the outcome of their diliberations they can proceed. You say they asked for more time to look into your none attendance therefore as Wendy says you are still in procedure therefore you still have the right to natural justice,an I/T would certainly frown upon your rights not being adhered too.hope this helps