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When an employee cannot attend a hearing
Cannot attend a hearing: Understand the participation difficulty and consider workable arrangements before deciding how to proceed.
Anonymised practice examples drawn from cases handled by our team.
Cannot attend a hearing: practical approach
A reasoned approach should first clarify why the employee cannot attend and what could enable participation. The record should distinguish failed contact, a request to rearrange and a health-related inability to participate. It should also show which practical arrangements were considered and what response was received, rather than equate all forms of absence with non-cooperation.
What to check and record
Where proceeding without attendance is being considered, the decision should explain why the alternatives are insufficient and how the employee can still contribute. The chair must assess the underlying allegation on evidence, not treat absence as proof of it. Any separate concern about non-attendance requires its own factual basis and opportunity to respond.
Learning for managers
The transferable lesson is to document the participation problem before deciding the procedural response. A hearing can be prompt without being inflexible. The fact that a policy contains a route for absence does not explain why it was appropriate in a particular case; that explanation must come from the employee’s circumstances and the options genuinely considered.
Manager checklist
- Clarify the reason for non-attendance
- Consider rearrangement and support
- Explain other ways to contribute
- Record why any decision to proceed is appropriate
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Further reading
Acas: disciplinary and grievance procedures
General guidance for Great Britain. Use the relevant policy and advice for a live case.
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