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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48193
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Ben, can you help please. If i need to post the question

Resolved Question:

Hi Ben, can you help please. If i need to post the question again, let me know. If an employee gets a GP sick note 2 weeks and within those 2 weeks he goes to perform duties as normal in public with witnesses present, what options do we have to refuse his sick pay and potentially end his employment regardless if he has signed a contract or not?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello again, how long has that employee been employed there for and what were the reasons for his sick leave?

Customer:

since 16.11.14. only works sundays generally with the exception of about 4-5 other weekdays in january between and reasons for sick leave were stress at work. allegedly someone shouted at him. gp still signed the sick note. i checked on hmrc website to calculate sick pay and after entering all info, results returned were not entitled to sick pay.

Ben Jones :

you can dismiss him quite easily as he does not have 2 years' service which means he is not protected against unfair dismissal anyway. All you have to do is give him the contractual notice he is entitled to (or 1 week's notice if no contract exists) and send him on his way. You also have to pay him any accrued holidays for the time he has worked with you. Also if it does not appear that he is entitled to SSP, because he does not meet the statutory criteria then you would not have to pay him for sick pay anyway

Customer:

sounds good to me :) thanks

Ben Jones :

no worries, all the best

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