Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today.Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know when you start your new position.
Hi Ben, I start my new job on Monday 12th August.
OK many thanks, i mlook forward to your earliest reply Ben,
Thank you for your patience. It is for the employers to decide what medical evidence they require from employees and at what stage. However, for the purposes of paying SSP, they cannot ask for a doctor's note for at least the first seven days. After that time, they may insist on a statutory fit note or other reasonable evidence. If they are paying you enhanced sick pay then they can decide what evidence is necessary to become eligible to receive such payments.
In relation to their plans to deduct the fines from your wages, under law, an employer can only make deductions from, or withhold an employee’s wages in the following circumstances:
If none of the above exemptions apply, the deductions will most likely be unlawful. So you need to check if your contract or other agreement accepted by you allows them to make these deductions.
If you want to resign now and you are only due to give 1 week's notice, the employer can terminate your employment just after a week, even if you wanted to leave on the 22 July. So if you want to leave on that date I suggest you wait until a week before that and then submit your notice, which will take you up to the 22nd.
Finally, it is entirely legal for an employer to send you letters whilst off sick but they need to be careful not to become too intrusive as that may amount to harassment. However, as you are leaving anyway this is not really an issue as you would ideally need to remain in employment to deal with it.
I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you