Employment Lawyers Can Answer Your Employment Law Questions
Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.
Does she have a formal sick note? Please note I will reply in the morning thanks
Many thanks for your patience. Whilst an employee can get signed off sick at any time, they must still ensure they follow certain procedures. First of all, they can self-certify themselves off sick for up to 7 days, without the need for a doctor’s note. Once the sickness absence goes over 7 days, you can expect her to provide a doctor’s fit note to act as proof of the reasons for sickness. Without any such proof you can potentially refuse to pay her any sick pay.
In terms of the training fees, you need to check the contract to see if it allows you to deduct these from her wages. If that is allowed, you can potentially do that and take it off any pay owed to her. In the absence of such a clause you are relying on her paying them back voluntarily, or if she refuses , you would have to make a claim against her in the Small Claims Court to try and recover these.
Does this answer your query?
Hi, yes the holiday pay she is owed is still classified as wages so if there is a written agreement allowing you to withhold wages to cover the training costs you can hold that back.
In terms of terminating her employment, you either have to allow her to do this by submitting her resignation, or you have to do it if you have a fair reason for doing so. I cannot see a fair reason just yet and you need to be careful with that as she has unfair dismissal protection and if she is dismissed unfairly you could be liable for extra compensation. So just le her go off on sick leave for as long as she can cover herself for with a doctor’s note – that could last months if needed, but after 26 weeks you do no even have to pay her SSP
All the best
I see you have posted a new query about this which I will deal with
Thanks could you please post that on the new thread you started about this, many thanks