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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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I have an employee about to go on Long term sick, she won't

Resolved Question:

I have an employee about to go on Long term sick, she won't ever be coming back, do I have to pay her ssp and if so can i claim it back.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. How long has she worked with you for and what is the nature of the sickness absence?

Customer:

She has been with us approx. 6 years. Her sickness is terrible arthritis in her knees, back and hands. She works for us as a delivery driver. I know that after her 6 months long term ssp. she still won't be able to do her job.

taratill :

Unfortunately you will be liable to pay sick pay. You do not have to hold a persons job open indefinitely though if they are incapable to work You are entiteld to ask permission to write to the employees GP or specialist to find out whether it is likely they will ever be able to return to work and whether any adjustments can be made to the role to assist them, this is important as they are likely to be considered disabled for employment law purposes.

taratill :

If the doctor concludes that no reasonable adjustments can be made to assist and they will not be able to come back you will be able to terminate employment with notice.

taratill :

this would be on the grounds of capability.

taratill :

If you would like any further information about this please let me know.

Customer:

This new SSP ruling is completely unfair to Very small businesses.

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