Q&As
Can laid-off employees attend disciplinary investigation meetings?
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
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