Statutory sick pay advice

[Sarah Burnside]

Good evening,

I have recently started up my own business (7 months ago) and it expanded very quickly. with this expansion I decided to hire someone on a part time basis. Just after xmas she went off on the sick and I am being forced to pay her SSP! its quite annoying as she knows I'm a one man band etc. BUT as I wanted to not do anything wrong I have paid. now she has only been with me for 1 month and off already, this could go on for 28 weeks which will put me out of business. I have lost clients and my workload has decreased so funds are tight. Can I make her "redundant" whist she is off sick?

 

[Alan]

I'm sure an HR expert will comment in due course.

I *think* that you can dismiss some one without cause if they been with you for less than 2 years,

I *think* you will have to pay then 1 weeks notice ( unless the contract says more )

Even after 2 years illness may be a 'fair' reason for dismissal - see https://www.gov.uk/dismiss-staff/dismissals-due-to-illness

 

[Alan]

p.s. I assume you are correctly calculating SSP as they are 1) part time 2) paid for less than 8 weeks so you will be paying at a reduced rate?

https://www.gov.uk/calculate-statutory-sick-pay

 

[billybob99]

You just have to sack her, not because she's ill, just because you don't require her services.

 

[Mr D]

She has accrued holiday while off sick.
The employment contract you gave her - how much notice is required to leave?

You pay her the notice period plus accrued leave and you can get rid - but is that saving you much?
You being a one man business is irrelevant to her entitlement to sick pay. People become ill... perhaps without meaning to.

 

[JEREMY HAWKE]

Sack em This is now this 6th time this year I have said this

 

[UrbanRetail]

Sack em This is now this 6th time this year I have said this

Common denominator in all cases being you Jeremy... everyone best keep their distance

 

[Newchodge]

She is entitled to the full rate of SSP if she has worked for you for 1 minute andearns £118 per week. If her weekly income varies you take the average over the 8 weeks prior to the day she went sick. If she hasn't worked for 8 weeks you take the average over whatever period you can.

If she does not meet the entitlement as detailed above she is entitled to no SSP. There is no provision for a reduced rate as suggested above.

You can dismiss her because she has not fulfilled her contract by not turning up, because she is unwell. You need to pay her contractual notice and accrued holiday pay. You CANNOT dismiss her if her sickness is pregnancy-related.

 

[Mark T Jones]

Sack em This is now this 6th time this year I have said this

Judge Jeffries

 

[Eldy70]

These are the perils of being a small employer. I had someone this summer - who'd worked with me for two months - phone in to say she was "tired" because of menopause and felt it would be better if she had a "duvet day". And it turns out that this is completely her right, and that under the Disability Discrimination Act, I have to make adequate accommodation for someone going through menopause. This particular employee had also taken a lot of odd days and afternoons off for sickness in addition to the menopause days.

I'm not unsympathetic. I'm going through similar hormonal upheavals myself. And do everything I can to make our working environment comfortable for everyone. But I would never, EVER call in to tell an employer or a client that I'm too tired to work and that it would be better for everyone if I just watched daytime TV.

The annoying thing I find as well is that if you mention this kind of thing to business advisors, their standard line is that it's basically your fault for being a "poor leader" - you should recruit better people, treat them better, give them better incentives to stay, make work "fun", offer more benefits... but at the same time, not be too lax, or too strict, too hands-off or too hands-on.

Employing people in a small business is, I think, much riskier than doing it in a larger business - basically because one person being off can represent double digit percentages of your workforce.

 

[Eldy70]

Mr D is correct too though - people get sick. Maybe she'll be there to cover for you when you're sick. It just becomes difficult if people swing the lead.

 

[The Byre]

I had someone this summer - who'd worked with me for two months - phone in to say she was "tired" because of menopause and felt it would be better if she had a "duvet day". And it turns out that this is completely her right, and that under the Disability Discrimination Act, I have to make adequate accommodation for someone going through menopause.

Good heavens! So now, being a woman is regarded as a disability?

Well, I always had my suspicions but I never realised that it has been confirmed by Act of Parliament!

I shall inform the staff immediately and provide the women with wheelchairs, walking frames and incontinence packs.

 

[Mr D]

Good heavens! So now, being a woman is regarded as a disability?

Well, I always had my suspicions but I never realised that it has been confirmed by Act of Parliament!

I shall inform the staff immediately and provide the women with wheelchairs, walking frames and incontinence packs.

And for the men provide some different disability aids?
Nice comfy chair is what I insist on. Despite me usually not using it much!

 

[simon field]

We currently have an employee who finds it difficult to work a full week due to anxiety, headaches, feeling sick & dizzy, his children are playing up, his ex wife's a nutter, he's hungover, depressed, skint, has toothache, a bad back, daughter is in hospital, mum has died, car won't start, etc etc.

Basically he's full of $hit. We are going to sack him for that reason!

 

[The Byre]

We currently have an employee who finds it difficult to work a full week due to anxiety, headaches, feeling sick & dizzy, his children are playing up, his ex wife's a nutter, he's hungover, depressed, skint, has toothache, a bad back, daughter is in hospital, mum has died, car won't start, etc etc.

That reminds me of a story told by the Rumanian philosopher Mikes (pronounced Meekesh BTW). His wife met an old friend at a reception and said "Henry, how are you?"
Henry (or whatever his name was) said "Well, not good. I lost my job at the university and I just can't get a new one."
"Oh dear." said Mrs. Mikes. "Well, I suppose the boys will be doing fine!"
"Not really, John is in prison and Jeffry is in hospital with concussion after a car accident."
"And your wife, Mary. How's she?"
"She died last year."
"Oh, I'm so sorry to hear that! Well, at least you have your health."
"I was diagnosed with cancer last month." said Henry.
At which point, Mrs. Mikes lost the plot and gave up all hope and said "Oh, go to hell then!"

 

[RobinBHM]

People that run businesses mostly dont have the option to be off sick.

Employees often have different attitude, sometimes 'pulling a sickie' is seen as a right.

Employers must insist that employees phone in if they are sick. Never ever accept a text

 

[simon field]

People that run businesses mostly dont have the option to be off sick.

Employees often have different attitude, sometimes 'pulling a sickie' is seen as a right.

Employers must insist that employees phone in if they are sick. Never ever accept a text

Exactly that!

We’ve had all the ‘but I had no credit’, ‘but I was so ill’, ‘but but but’ excuses under the sun!

No doubt there’ll be some who say ‘yeah but have you tried to help him?’ Or ‘yeah but have you followed the proper procedures?’

No! We are not a support group or a mental health charity, we are a business who makes stuff & sells it for money. Simples.

 

[Mr D]

Your adverts would come across better if also known for offering help within the forums.