I have a case that I would welcome some input into.
An employee has been suspended from employment pending an investigation. The employee was suspended for insubordination and for failure to attend work for one day.
The background is that the employee has physical disability covered by the DDA and an ongioing mental health problem, also covered. An incident arose where a manager repremanded the employee in fron of other staff. The employee then went into the office and in private swore at the manager and told them not to speack to repremand them like that in from of other staff members.
The following day the employee did not go into work. They tried to contact the office but could not get through. I should point out that no one from the compnay tried to contact the employee at all either.
The next day the employee recived a letter telling them that they where suspended from employment pending an ongoing investigation into bullying,insubordination and failing to attend employment.
I am concerend over the failiure to attend. Especially in regards to the employees health problems and no contact being made by the employer. The only contact was to send a suspention letter which considering the employees mental health problems has only increased their ill health.
Should the employer have a duty of care to contact an employee with known health problems?
The issue of insubordination is also a concern as it is unclear how this falls within employment law?
I would welcome any input and throughts on this two points
Thank you so much