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Disciplinary for not attending a disciplinary?

Disciplinary for not attending a disciplinary

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How would deal with a situation where an employee has been investigated and then invited to a disciplinary (not for gross misconduct and not on suspension) but fails to attend on a couple of occasions and gives no reason for this? I'm guessing that you would postpone the original, invite to a new disciplinary hearing for failure to attend a disciplinary (would you have to do an investigation into this as its obvious they didnt attend?) and advise that failure to attend would result in the hearing continuing in there absence, then if they fail to attend could we go for gross misconduct?

Does this look ok, also the main points for clarity are:
is it ok to invite to disp hearing for failure to attend without holding investigatory hearing?
is it ok to hold the first disp hearing for failing to attend the other hearin in there absence?
If they did turn up and gave no reasonable explanation what level of warning could you give them and would you then go on and arrange the original disp hearing. If we gave a final warning for not attending the the original disp hearings then held the original hearing and the outcome also meritted a warning for a conduct issue could you then dismiss them for misconduct taking into account they would be on a final warning for failure to attend previous hearing(also a conduct issue)

I realise this is a bit long winded but thanks for any replies.

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By User deleted
30th Jan 2007 20:12

Thanks for reply, thats fair enough but we should then be able to discipline the employee for there non attendance as they have intentionally not followed a reasonable request by management?

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By sjbeale
30th Jan 2007 08:25

The usual method is to invite the person to a discipinary hearing and if they fail to show invite them again and say if they do not attend that a decision will be taken in their absence.

In your situation I would advise you to write to the employee again to invite them to a disciplinary and say that if they don't attend the decision will be taken on the information you currently hold. Then do exactly that.

Sandra Beale FCIPD

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By keithdavis
06th Feb 2007 15:27

Alan, either have HR or the relevant line manager ask him why he has not attended previous disciplinary hearings. If an explanation is not forthcoming or is unacceptable in the misconduct sense, add it to the agenda (call another disciplinary hearing - ensure that the written invite states all the issues to be discussed) and warn that a decision may be made in his absence if he fails to attend.
If this may be gross misconduct, remember to suspend when you get the poor or no explanation. Good luck.

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