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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45310
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have an employee who has an ill parent, she has called

Customer Question

Hi I have an employee who has an ill parent, she has called into say she won't be I today or tomorrow and can't give us a definitive answer when she will be back as her Father is now going to need palative care. Where do I stand legally?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. How long has she worked there?
Customer: replied 1 year ago.
3 months
Expert:  Ben Jones replied 1 year ago.
What are you hoping to achieve? Do you want to keep her or remove her from the business?
Please note that i am mobile this evening so may not be able to answer straight away but you will get a full response at some point this evening, thank you
Customer: replied 1 year ago.
I don't want to lose her but we are only a small business and I can't afford for her not to be at work. I don't know what leave is acceptable to give her; I had assumed some after his death of a few days. Ultimately I would like her to be in work as normal but not sure how best to broach this as it is a very difficult time for her.
Customer: replied 1 year ago.
Thank you for your responses.
Expert:  Ben Jones replied 1 year ago.
Thanks for your patience. As an employer you are the ones who can decide how to deal with this and what to allow her to do or prevent her from doing. You can be an understanding employer and give her the time off, or you could be looking after your business and remove her from it. As she does not have 2 years of service with you she is not protected against unfair dismissal so you can dismiss her if you really wanted to.
So your options are:
• Allow her to take unpaid leave. You could give her a set number of days, say 1-2 weeks to sort this out and help her or indefinitely. You do not have to pay her for this time off as she is not on sick leave
• You can offer her to take the time off as holidays and deduct it from her holiday allowance, paying her as normal, although she can only do this with whatever allowance she has left
• You can terminate her employment by giving her the notice period she is due under contract
Obviously a dismissal may be the last thing she wants at this difficult time but you also have the right to consider that as an employer who needs staff to work rather than be off.
This is your basic legal position. I have more detailed advice for you, including the steps you need to take to dismiss her if necessary, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45310
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you for your rating. If need any further information on the options listed above please do not hesitate to come back to me.
Customer: replied 1 year ago.
Hi Ben
We have just spoke to Rachel and she has informed us that she has "spoken" to her doctor yesterday and her step mom is going to pick her a 2 weeks sick note. What are my options for dismissal ?RegardsMarc
Expert:  Ben Jones replied 1 year ago.
Hello Marc, to dismiss her you need to give her the contractual notice she is entitled to (which must be at last a week long) and pa her for any holidays she has accrued. Check her contract to see if you have t follow a specific dismissal procedure but if you do not then it is simply a matter of issuing her with the notice of dismissal, such as a letter to state that you are giving her the notice she is due and terminating her employment. The include what she is due on leaving and when it will be paid.
Customer: replied 1 year ago.
Hi BenRachel has just submitted a doctors note with acute stress as the description for being off work. She has told us she has seeked legal advice and told us we have to pay her sick pay ?RegardsMarc
Expert:  Ben Jones replied 1 year ago.
you have to pay her sick pay if she is actually remaining to work with you, but if you are going to dismiss her then you do not and will only have to pay her the notice period and holidays as advised earlier

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