took a coach driver on 29 sept this year.and he as now been off sick for 3 weeks,he does have sick note from hospital,he as a problem with his eyes,doctor says he might have is licence taken away from him.this is not helping my buisness,i am having to contract drivers in,and i dont no if he will ever be able to drive again.he as only done 4 weeks work for me.where do i stand??thank you ideas would helpful.
2007-11-13 14:46:11 · 12 answers · asked by g7hej 2 in Politics & Government ➔ Law & Ethics
In the UK, if they have been working for less than 12 weeks, you can "let them go". However if they are off sick you will have to continue paying them any contractual sick pay for as long as they continue to produce doctors' lines. Even if they have no contractual sick pay entitlement if they were above the LEL for NI purposes* they will be entitled to Statutory Sick Pay (SSP) for as long as they produce medical certificates or their entitelment to SSP expires (normally after 28 weeks of absence (counting periods absence of 4 qualifiying days only, excluding the very first 3 days only) or they return to work. As the employee has been employed for less than 8 weeks you wont have to worry about linking unless you got form SSP(L) when they started.
To summarise you can boot him now but you'll probably have to keep paying untill he is better.
*basically if they were paying NI contributions they are, if not there is a good chnce they weren't - though this isn't always the case as you can earn between the LEL and the ET you'll qualify even though you won't be paying contributions.
2007-11-13 15:29:22 · answer #1 · answered by Coyltonian 2 · 0⤊ 0⤋
It';s amazing the number of people who answer this question without actually knowing what the answer, but are prepared to offer a wild guess on the basis the reckon they have an idea.
Gordonmo above is correct.
The employee has been with you for less than 12 months. He does not therefore qualify for employment protection under the Employment Act 1996.
You are entitled to sack him/let him go or whatever euphemism you like to use, without fear of an unfair dismissal claim. He is entitled to his notice pay (a week unless otherwise in this contract) and that's it.
All contrary answers are simply wrong.
2007-11-14 00:00:35 · answer #2 · answered by JZD 7 · 0⤊ 0⤋
This is an interesting case. One thing that came to my mind is that he's been employed with you less than 90 days. During this period, its easy to let an employee go. However, since he is ill, that turns the case. Seems that he would be protected by the FMLA for 12 weeks. You have two ways this could go: (1) He may recover and want his driving job back, (2) he may not be well enough to drive but want a different job. See if you are required to offer him another position within your company. Try to make it a win-win situation. Do you know any other business owners who would offer him a job?
2007-11-13 15:12:07 · answer #3 · answered by farahwonderland2005 5 · 0⤊ 0⤋
As long as he has a sick note, you cannot sack him. However, keep in constant contact with the doctor, because once he can tell you for sure he will not be able to drive, you need to contact this employee and let them go. He will probably get unemployment.
2007-11-13 14:50:39 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It may be fair dismissal if:
Your employer claims you aren't capable of doing the job properly, or are unqualified to do it;
There is a serious problem with your conduct as an employee;
check this site out
http://www.thesite.org/workandstudy/working/workersrights/unfairdismissal
2007-11-13 15:07:56 · answer #5 · answered by jammys 3 · 0⤊ 0⤋
depends on the contract...... if it is temporary maybe.. he carnt keep getting sick pay. after a certain lenth of time you can get rid of him..... check it out on the web or maybe a place that deals with that stuff... but i no for a fact you can get rid of him...after a certain time and if he gets his licence took off him he is unsuitable for the job............. i mean it will be taking into count he has only worked with you for 4 weeks... that isnt very long
2007-11-13 15:02:20 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If he has been employed less than a year, as long as you give him one week notice and pay any moneys due to him, the answer is yes.
2007-11-13 17:57:56 · answer #7 · answered by Anonymous · 1⤊ 0⤋
sack him!
if he has a problem with his eyes he might not drive as good so if he crashes your buisness wil get a fine
2007-11-13 15:14:48 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Very simple. demand an ICC physical. If he flunks, you have no choice except to terminate him.
2007-11-13 16:59:26 · answer #9 · answered by TedEx 7 · 0⤊ 0⤋
fmla protects him for one year, you are stuck unless the doc says he can never preform the work you need him to do
2007-11-13 14:59:10 · answer #10 · answered by clyde0523 3 · 0⤊ 0⤋