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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47413
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I wonder if you can help my colleague has not performed

Customer Question

Hello I wonder if you can help my colleague has not performed their job for some 15 months bookkeeping because she is ill with eyesight memory issues - I have had to take over that role to bring the books up to date - the person has been continued to be paid but has not gone sick officially - the person is also a shareholder in the business and equal shareholder with myself - how can Inist that they officially go sick so as to receive statutory sick pay?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me is there a health and safety risk with you colleague not being able to perform her duities

JACUSTOMER-ooo0lvct- :

Not really as it office work and the place of work is her home

Ben Jones :

OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this evening. There is no need to wait and you will receive an email when I have responded. Thank you

JACUSTOMER-ooo0lvct- :

OK thanks may I just add that I have asked her to retire - she is 69

Ben Jones :

Many thanks for your patience. Whilst you cannot really force someone to go off on sick leave, if a person is not fit, through illness or injury, to perform their duties then it would be assumed that they are on sick leave until they are able to return to work. If someone is not in work due to sickness and undertaking their duties and they have not taken holidays or given authorised leave, then they are assumed on sick leave. So they would then be entitled to receive whatever sick pay entitlement they are due, whether it is just statutory sick pay or higher contractual sick pay. So the key is – are they unavailable to work and is the reason due to sickness – if the answer is yes to both, then the person is off sick, regardless of whether they have declared to be on sick leave or been officially signed off by a doctor. Otherwise, any employee can just go off sick and not declare it or provide a sick note and get paid full pay – it is not how the law works so the simple unavailability of the person due to sickness automatically means they are on sick leave.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Ben Jones :

Could you please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? It is important for us to know either way so we can track customer satisfaction or identify whether I need to help you further? Thanks

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