can I dismiss an emploee on sick pay

[gcs123]

Hi There everyone

Is it possible to dismiss or make an emploee redundant whilst on SSP?

One of our emploees has injured him self whilst being drunk and we face weeks of paying him SSP! We just can't afford it as we will have to emploee someone else to replace him! HELP

 

[gordano]

You can dismiss with grounds but you have to follow the correct process otherwise it will be unfair dismissal - or worse still discrimination. If you have membership of an organisation such as the IoD or FSB they will provide detailed advice on employment law and processes for your particular situation.

 

[Employment Law Clinic]

You can dismiss an employee while they're sick, but it wouldn't be reasonable for a few weeks sick leave.

Clearly there is no redundancy, so you shouldn't even contemplate that route.

As for dismissal, it wouldn't be reasonable to dismiss someone simply due to the cost of hiring a temp while they are unfit for work - regardless of how they came to be in this state. Therefore, any dismissal is likely to be unfair.

Your only option is to manage the sick leave/attendance in the longer term, and if this became a regular issue you could take action.


Karl Limpert

 

[sjbeale]

I would be careful.

You can't make someone redundant under these circumstance then employ someone in the same position.

Also just dismissing him might have costly tribunal implications for you.

If you need help please pm me.

 

[internetspaceships]

Isn't there provision for redundancy in this case specifically?

I'm sure I've seen something that quotes something along the lines of "causing the company financial hardship" or something similar.

I know the term will be wrong but you probably get my drift.

 

[internetspaceships]

My mistake, two similar threads and I posted this in the wrong one <<<<<< numpty

 

[Employment Law Clinic]

My mistake, two similar threads and I posted this in the wrong one <<<<<< numpty

You had me puzzled for a moment IS! :|


Karl Limpert

 

[internetspaceships]

Been a long day Karl!

 

[Employment Law Clinic]

I know the feeling!

 

[gcs123]

Thanks for replying, how can we go about dissmissing this lad? He will be off for months now because of all the ligament damage to his hand and arm! Even when he will be fit to return he will not be fit for the chainsaw and other heavy manual work he is employed to do. We are forestry and fencing contractors and do not have any 'light' work that he could do... He will be of no use to us at all.. Please help! Could we not make him redundunt because their will be no suitable work for him to do?

Thanks

Tes

 

[Outsourcer]

Number one question before anything else - How long has he worked for you?

 

[gcs123]

He has worked for us for since May 2007, he is only 20 yrs old and is on min wage.

 

[Kernowman]

Could we not make him redundunt because their will be no suitable work for him to do?

Thanks

Tes

That is wishful thinking on your part.

The previous replies to your query clarifies the unfortunate position you are in and ignoring such wise advice could cost you a lot more. Tribunals take a very dim view of dismissing an employee while they are incapacitated.

He is entitled to SSP which is affordable and you could hire someone to do the work that he did. If the injury is going to be of considerable duration (interpret that as you will) then I would suggest getting a full medical report on his condition from his doctor, then see an employment law practitioner. I would not do anything hasty or knee jerk that's for sure.

 

[kulture]

Also, consider it from the employee's point of view. If he is unable to work for you for a considerable period, he MAY decide to look elsewhere for a job. He MAY think of this as an opportunity. Why not talk to him, find out his longer term ambitions. See if you can help. Try and get a win win out of this position.

 

[Employment Law Clinic]

If the injury is going to be of considerable duration (interpret that as you will) then I would suggest getting a full medical report on his condition

Hi gcs,

I think the above is the most important thing for you to do next - particularly how long it is expected to be before he could return to his full employment.

It's very possible that this contract will be frustrated - there is no dismissal, but due to these events that no-one could foresee, the contract ends without liability on either side. The anticipated disruption to the contract does need to be long-term (six months would probably not be adequate), and if that is the case it's perfectly feasible that frustration will apply.

Get comprehensive medical assessments, and then someone can consider the prognosis.



Karl Limpert