Even if the stress is work-related it does not prevent the employer from taking disciplinary action, although they should certainly be a bit more sensitive in such cases and think carefully before any formal action is taken.

As far as the law is concerned, disciplining an employee due to their sickness record is a potentially fair reason. However, to justify it as being fair the employer needs to follow a fair procedure. The following is a summary of what needs to happen:

First and foremost the employer needs to comply with any relevant sickness or absence procedures and employment contract provisions.

Then they need to conduct an investigation, which would involve:
• Investigating the nature, extent and likely duration of any illness. Asking the employee for information and obtain medical reports if appropriate.
• If absences are short-term and intermittent, investigating whether there is any underlying cause (medical or otherwise). If necessary, following capability or disciplinary procedure, offering practical guidance and assistance, setting timescales for improvement, and giving warnings where appropriate.

The employer then needs to review the alternatives:
• Before taking a decision to discipline, consider surrounding circumstances, age and length of service of employee together with action taken in respect of similar circumstances in the past.
• Consider importance of employee and/or the post occupied, to the business, the impact their continued absence is having on the business and the difficulty and cost of continuing to deal with their absence before contemplating disciplining.
• Consider whether employee could take up alternative employment or whether there are any other options that would avoid the need for disciplinary action.

At this stage you should appeal the disciplinary outcome. Alternatively, or in addition, you may also raise a formal grievance with your employer to complain about the way they have handled this matter.

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