How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45363
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I would like some advise with regards ***** ***** following

Resolved Question:

I would like some advise with regards ***** ***** following situation:I have an employee that has been absent from work as follows:12th April - Sick - paid at full rate
13th April - Sick - paid at full rate
14th April - Sick - paid at full rate
15th April - Holiday - paid at full rate18th April - Holiday - paid at full rate
Advised on 18th April that she had been signed off but not informed as to when. She was informed that any
further dates would be SSP only (contract states SSP only)
19th April - sick - SSP - she advised that she had been signed off until 24th April - there has been no evidence to support this
20th April - sick - SSP - she has handed in her notice and requested early release from her contract. She was
informed that she would be required to work 4 weeks notice as per contract of employment. She returned her key
with resignation letter
21st April - she requested some personal property to be returnedWe are pretty sure that she will not return to work on 25th April. Where do we stand with regards ***** ***** if she
fails to return to work can we withhold paymentWith regards ***** ***** SSP, will we be required to pay this for tomorrow for the 4 days this week in the absence
of a Dr's note which we are doubtful exists
Submitted: 9 months ago.
Category: Employment Law
Expert:  Ben Jones replied 9 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What payment are yo trying to withhold exactly?
Customer: replied 9 months ago.
We are trying to establish what we are obliged to payOur payroll is processed weekly on a FridayAre we obliged to pay ssp plus one days holiday for this week on the basis we have not received a sick noteIf she fails to return to work on Monday she will be in breach of her contract ... will we be obliged to make any further payments of any kind to her
Expert:  Ben Jones replied 9 months ago.
When it comes to SSP you cannot ask for a fit note for the first 7 days of absence - in other words SSP is payable whether there is evidence of incapacity or not. She simply needs to be off sick to qualify. Only after the initial 7 days of absence can you request a doctor's note. If she does not return to work next week then you do not have to pay her for time she has not worked meaning you would not have to pay her for the notice period she has refused to work through. SO then you only pay her up to the time she has been in work or been off sick (if there is still days in the initial 7 days left) or been on holiday. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 9 months ago.
That's great ... What is the situation with holiday pay?
Expert:  Ben Jones replied 9 months ago.
15 and 18 april?
Customer: replied 9 months ago.
These dates are being paid ... Will be she be entitled to any pay for outstanding accrued leave or is this is forfeited once she breaches her contract by not returning to work her notice
Expert:  Ben Jones replied 9 months ago.
You have to pay her for accrued leave - this is a legal right, not a contractual one (unless she got additional leave by contract ad that was the only one left outstanding) Does this clarify?
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45363
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10492
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10492
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    671
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions