Do we have to pay continual sick pay

[eyeshade]

As an employer we have a part time member of staff working three days a week. Last year this particular person had apprx 3 months off sick, plus smaller outbursts on and off. This year, so far they have taken various odd days, which are fine, but now again, we are in the 4th week of yet another bout of sickness with no end in sight. Each time a different illness. Can we stop paying them sick pay, or better still, dismiss them - after all we are surely paying them to do their work , not be absent. Anyone know of any good information which can be obtained on this matter so that we do the right thing both on their side and our side.

[buildersmate]

Are you serious? An employer that doesn't know about UK employment legislation.
Start by looking at the stuff in Business Link - the government organisation for smaller employers.
http://www.businesslink.gov.uk/bdotg/action/de tail?type=ONEOFFPAGE&itemId=5000733949&site=10 2
Then check out the rules on unfair dismissal within the site, or on the ACAS site, once you've got your head around setting a plan with the employee and managing him/her against the plan.
You would normally consider dismissal on grounds of capability, if the employee continually fails to attend on grounds of various sickness absence reasons.
Rules on paying statutory sick pay you will know about from your PAYE procedures. Whether you pay more than that, or for what maximum period of time, is up to you - as described in your company procedures.

[eyeshade]

yes BM quite serious, management here are hopeless only a few of us in the small organisation with no HR and it is usually myself that has to do the donkey work especially with the only part timer always off sick! thanks for website. Have spent the whole day looking, there is so much detail.

[jen78]

Things can be done, just make sure everything is done properly so there is no chance of any comeback.

One of my team had a ridiculous amount of time off sick both before and after maternity leave and it became a nightmare trying to plan anything and organise a team.

There was only so much sick pay she could get from the employer as per her contract, and it decreased the longer she was off, eg half pay after a while, then nothing.

I remember the boss noting that if her sickness absences went past a certain amount then it was grounds for a disciplinary.

We had a friendly meeting with her to discuss things and offer potentially more suitable working hours etc... for her. Offered for her to have someone in with her, have time to think things over and reassess it at a later date and agreed to bring it back to another meeting if things didn't work out.

A meeting preferably but if they won't come in then check if it is appropriate to do it by letter.

If it was still a problem then it would have become a disciplinery matter, a formal written warning etc... in line with the regulations.

Turned out she had been paid too much in the end.

[Twenty20]

I assume youre paying SSP and not some enhanced sick pay? SSP is fairly minimal but it still adds up.

It really comes down to whats in the person's contract of employment. Any sensible employer will have clauses in there regarding poor attendance howsoever caused. If there is such a clause then its easy to go down the disciplinary route.

Also, because of the amount of sick leave, it might be wise to ask the person's permission to contact their doctor or to ask them to see a company doctor (at the company's expense). Sometimes the threat of this alone is enough to bring the person into line.

You should also check that this sickness isnt disability related as this would complicate things. Many illnesses are now covered by the disability laws so you need to be careful here.

[eyeshade]

Well it turns out now that we have up until now paid her full wages all the time she has been off sick and there are no clauses in her contract (originally done by someone who didn't have a clue!) about ongoing sickness etc. We are currently now taking legal advice on this.