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Stuart J
Stuart J, Solicitor
Category: Employment Law
Satisfied Customers: 22401
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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A sales manager joined us at the end of October and has proved

Customer Question

A sales manager joined us at the end of October and has proved useless. Only appeared 9 days during January - late in, lazy, hasn't managed staff, taking holiday, and now signed off sick until the end of Feb (stress from having poorly relative, etc, etc). Heard she has been going for interviews with other firms. Can I just fire her without notice or any more pay??
Submitted: 3 years ago.
Category: Employment Law
Expert:  Stuart J replied 3 years ago.

Is she under any probationary period?

Have you raised the issue with her?

Customer: replied 3 years ago.

She started work on October 29th, but the probationary clock has stopped ticking every time she has been off.


 


She is aware of our dismay, but she has not yet been formally confronted.


 


I propose to stop her regular wage and put her on Statutory Sick Pay until she comes back (her current medical note expires on Feb 28th), when she will get her prob. review, which will be negative. Her claimed stress relates to the health of her father, who does not depend on her or indeed live with her.


 


There are no protected issues such as race, religion, trade union membership, disability, etc to be taken into account.

Expert:  Stuart J replied 3 years ago.
What does her contract say about sick pay?
Customer: replied 3 years ago.

Nothing specific. After much thought, this is what I propose to say to her - OK?


 


Her current medical cert runs until 28 Feb, but may well be extended. The SSP will make it painful for her, because she we have detected that she already has some personal financial worries.


 


When she eventually returns, she will not pass the probationary review, so can leave the company immediately.


 


 


Dear Karen,


 


I am sorry to learn that you will be not be back at work with us before 28th February.


 


As you must understand, the company cannot be expected to provide you with a full wage in your absence. Our payroll department has been instructed to place you on Statutory Sick Pay from 25th January, which I am told was your last day at work. You are allowed a three-day self-certification period, which means that two days full pay already given to you is due for refund to us.


 


Upon your return, it will be opportune to hold a probationary review with a view to finding a mutually positive way forward.

Expert:  Stuart J replied 3 years ago.




It might be an idea to wish her a
speedy recovery!

I think the letter is fine, provided
there is nothing in her contract, which could be construed is that she will get
paid while she is off, in full.



Remember that when she comes back,
assuming that you were going to get rid of her, you have to follow the usual
procedure of inviting her into a meeting, giving her reasonable notice. You
have to do advise her that she can have a union representative or a work
colleague present, not to speak on our behalf, but to take notes and records
proceedings. Make sure that you have another party, there is well also to take
notes.



You may also find this useful http://www.backuphr.com/human-resources-modload-news-article-105.htm



if there is a procedure noted in the
staff Handbook, make sure that you follow it to the letter.



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