HR advice on Employee NFFW due to Illness?
Discussion
I have a driver who has been with me for 12 years, health been declining over the past two years or so all caused by smoking 30 a day.
Been off work solid since Christmas and is diagnosed with COPD (lung disease used to be called emphysema) I have had an Occupational Health report done and this basically says he will never get better and is certainly not fit for the only work we have available.
I only employ drivers so there is no alternative position.
So here's the question:- I have been told by the Sage helpline that once Statutory sick pay finishes I basically have to give him notice based on him being unfit for work, they say I then have to either give him 12 weeks paid notice period or 12 weeks pay in lieu of notice?
I just want to make sure that I have no choice in this as basically he is not fit through his own actions and I did not wish to terminate his employment in the first place. I have had to employ someone else in his position as we cannot operate with a driver missing.
Is it not possible for me to say that once his sick pay runs out he will remain on the books until such time he leaves or is miraculously cured?
It's made all the worse by the change in law meaning I now do not get the sick pay back!
Thanks
Nick
Been off work solid since Christmas and is diagnosed with COPD (lung disease used to be called emphysema) I have had an Occupational Health report done and this basically says he will never get better and is certainly not fit for the only work we have available.
I only employ drivers so there is no alternative position.
So here's the question:- I have been told by the Sage helpline that once Statutory sick pay finishes I basically have to give him notice based on him being unfit for work, they say I then have to either give him 12 weeks paid notice period or 12 weeks pay in lieu of notice?
I just want to make sure that I have no choice in this as basically he is not fit through his own actions and I did not wish to terminate his employment in the first place. I have had to employ someone else in his position as we cannot operate with a driver missing.
Is it not possible for me to say that once his sick pay runs out he will remain on the books until such time he leaves or is miraculously cured?
It's made all the worse by the change in law meaning I now do not get the sick pay back!
Thanks
Nick
IANAL but I don't think there is any specific legislation that you must terminate his contract. I thought once SSP stopped they just remained permanently on sick and could claim other benefits.
Perhaps ask Sage to clarify (in writing!) why they believe this.
I think, providing you follow the correct procedure and genuinely have no alternative job to place him into, dismissal is an option if he will genuinely be unable to come back? Just my reading of it though, tread carefully!
Perhaps ask Sage to clarify (in writing!) why they believe this.
I think, providing you follow the correct procedure and genuinely have no alternative job to place him into, dismissal is an option if he will genuinely be unable to come back? Just my reading of it though, tread carefully!
Aprisa said:
Yes, part of their support but the advice was rather cautious and I was left unsure.
My advice is to pay for advice.It might cost you a couple of hundred quid but you'll get definitive written advice that could save you thousands later on.
Remember, when the guy is gone, there will be a queue of no win no fee solicitors to take you to tribunal to say you did something wrong.
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