Good Afternoon, Summary: We are in the final stages of a disciplinary with an employee. A letter was sent home to the employee to advise of disciplinary hearing Tuesday 01/06 at 10:00. At first, didn't turn up to start work at 07:00 and advised colleague would be in for meeting at 10:00, then emailed into work (HR) on Tuesday (01/06) to advise struggling with Mental Health. Background: This particular employee is going through the disciplinary process due to lateness, sickness and general timekeeping. They called in 1hr after their shift was due to start on Wednesday (26/05) to advise they would be in late. Since then, from a HR or Management point of view, we have not heard from this employee, until yesterday (Tuesday 01/06). However, the employee in question houseshares with another employee who passed on a message that they had slipped on the stairs rushing to get to work and had to go to A&E. The houseshare employee also advised the other person has been fine and going out. No contact made with us the rest of the day or Thursday. I tried to make contact with them on Friday as we have not heard anything (other than arriving late on Wednesday), but no answer and left a voicemail. As this was now AWOL along with Lateness/Sickness triggers, the next stage of disciplinary process was to send out a letter for their disciplinary hearing. On Tuesday we received an email to advise that they are struggling with their Mental Health and have not been able to contact us due to their phone not working. One of the days during the sickness was actually booked off by this employee, but was rejected due to being too busy. The employee was given notice of this and fully aware it was rejected. As it stood on Friday, with the triggers met due to Lateness/Sickness and being AWOL, we were due to have a disciplinary hearing yesterday (Tuesday 01/06) to discuss their future with the company and the intention of dismissal (pending the employee's reasoning). Now we are at a stand still as the employee is claiming to be suffering from Mental Health. Discussing with the employee's manager, he advised we were told that they were not suffering with any issues or on any medication when asked recently during a review. What I would like to know is where we stand in regards to the dismissal and disciplinary process as we had already made a decision on the outcome (pending the meeting response), but now it feels it wouldn't be fair now that Mental Health has been used. As of now (Wednesday 02/06) we have not heard from the employee and are waiting for them to return to work to carry out the Return to Work meeting and the Disciplinary. - Is not following our Sickness Reporting Procedure Gross Misconduct? - Is being off "sick" on a rejected holiday Gross Misconduct? - Would we be subject to tribunal if we were to dismiss the employee (based on disciplinary procedure) now that Mental Health has been made aware?