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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44871
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have an employee claiming ssp, but is also working in a part

Customer Question

I have an employee claiming ssp, but is also working in a part time job, do i have to pay ssp ??
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. Do you agree that they are not able to do the job that you have employed them to do?
Customer: replied 3 years ago.

The person in question is employed as a receptionist in a ,physiotherapy clinic, they are claiming gall stone problems but are able to work in a bar in an evening.

Expert:  Ben Jones replied 3 years ago.
Do you know why they cannot work in your job but can work in a bar at the same time?
Customer: replied 3 years ago.

The sick note states abdominal pain, i can see no reason why they cannot work here.


 

Expert:  Ben Jones replied 3 years ago.
An employee will be entitled to receive SSP from each job they are employed in so if they are off sick from one job but can continue working in another, they would still be able to receive SSP from the job they cannot attend.

If you are suspicious about the reasons for the employee's absence you are in theory free to decide what medical evidence you require from the employee and at what stage. However, for the purposes of paying SSP, you are not allowed to insist on a doctor's certificate for at least the first seven days. HMRC says that a fit note should normally be accepted as evidence of incapacity unless you have strong grounds for believing otherwise.

You can only refuse to pay SSP if you have strong reasons to believe that the reasons for incapacity are not genuine and the employee has not provided reasonable evidence to back them up.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
Customer: replied 3 years ago.

As i am paying SSP, does the employee require my permission to work in another job ?.


Can i request a specific doctors note to say she cannot carry out her duties for me ??.


The employee also knows that on her return a formal meeting is scheduled to discuss issues of gross misconduct, can she request a sick note to justify that this is causing her stress ??

Expert:  Ben Jones replied 3 years ago.
No, they do not need your permission to work in another job unless their contract prohibits them from doing so. |If there is evidence that she is working elsewhere then you can ask for a more detailed doctors note dealing with why she cannot work for you but can work at the other job. Being subject to disciplinary proceedings can indeed result in an employee being genuinely signed off work with stress.

As your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do. I can then continue providing further advice and answer follow up questions if needed. Thank you.
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44871
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

Can i terminate her employment while she is off sick ??.

Expert:  Ben Jones replied 3 years ago.
How long has she worked there for?
Customer: replied 3 years ago.

13 months

Expert:  Ben Jones replied 3 years ago.
No you cannot just sack her in that case, she is protected against unfair dismissal so you will have to show there was a fair reason for dismissal and also follow a fair procedure. At this stage you may not have enough to justify a dismissal

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