How to Handle an Employee who Refuses to Attend Remote Disciplinary Process
Published on: 20/09/2022
Article Authors The main content of this article was provided by the following authors.
Sinead Morgan Legal Director leading DAC Beachcroft Dublin's employment team
Sinead Morgan Legal Director leading DAC Beachcroft Dublin's employment team
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Sinead Morgan is a Legal Director leading DAC Beachcroft Dublin's employment team. She advises on all aspects of employment law and IR issues from recruitment of employees to contract drafting and termination of employment. Sinead has experience acting for clients in varied sectors, to include manufacturing, retail, tech, insurance, professional services, recruitment and pharma. She is also experienced in defending employers before the Workplace Relations Commission (WRC), Labour Court, Circuit and High Courts. She regularly advises employers on various internal issues guiding them through complex investigations and disciplinary processes and resolving issues through dispute resolution processes such as mediation.

Sinead tutors in employment law for the Law Society of Ireland and presents on topical employment law issues for various bodies such as Legal Island, CIPD and CMG Training. She also provides tailored training sessions to her clients on key employment law issues impacting their sectors and provides strategic support in developing their own HR programmes. Sinead is also a regular contributor to various employment law publications such as Legal Island and the Industrial Relations News and an active member of the Employment and Equality Committee of the Law Society of Ireland.

We are currently operating a hybrid working model with most employees working three days in the office. However, we have agreed that high-risk employees or those living with high-risk individuals can remain working from home on a fulltime basis. A disciplinary issue has arisen with one of those remote employees. Given their high-risk status we have arranged a remote disciplinary meeting rather than requiring them to attend a face-to-face disciplinary meeting in our offices. They have refused to attend the remote meeting on the basis that remote hearings are not specifically referenced in the Employee Handbook. We believe that this is a tactic to try to avoid the disciplinary process. 

The company’s Employee Handbook should clearly set out the steps

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 20/09/2022
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