Q&As

Can laid-off employees attend disciplinary investigation meetings?

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Produced in partnership with Lydia Seymour of Outer Temple Chambers
Published on: 10 June 2022

Can an employee attend a disciplinary investigation meeting (either formal or informal) while they are laid off in accordance with a contractual lay-off provision?

The question asks whether an employee can attend a disciplinary hearing during the period of layoff. Insofar as that is asking whether there is anything specifically preventing an employee from attending, the answer is no. It may be that their attendance creates complications as to their entitlement to any guarantee payments, or their rights under the somewhat complex provisions relating to the entitlement to a statutory redundancy payment in circumstances of layoff (see Practice Note: Redundancy payments for lay-offs and short time). However, these would not prevent them from attending a disciplinary meeting if they wish to do so.

Perhaps the more interesting question, though, is whether an employee can be obliged to attend a disciplinary meeting when they are on lay-off. As we cannot find any authority in relation to this issue, this answer is based

Lydia Seymour
Lydia Seymour chambers

Lydia has a specialist pensions and employment law practice. She has been recognised by the legal directories as a leading junior since 2005 and is listed for both pensions and employment.

Her practice includes all aspects of ‘black letter’ pensions law, including: de-risking, rectification, withdrawal arrangements in multi-employer schemes and trustee duties. She also has wide experience of all areas of employment law.

Given the dual nature of her practice Lydia has a particularly strong reputation in the areas of crossover between pensions an employment law and has been instructed in a number of leading claims in this area, particularly those concerning equalisation, age and discrimination in the context of pension provision, TUPE and breach of trust and confidence.

Lydia sat as a fee paid Employment Judge for 12 years.

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United Kingdom

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