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MatthewM1117
MatthewM1117, Advocate
Category: Employment Law
Satisfied Customers: 1412
Experience:  Expert
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I have an employee that has finished the 28 weeks SSP. We

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Hi
JA: Hi. How can I help?
Customer: I have an employee that has finished the 28 weeks SSP. We have helped him with forms to receive other benefits. It was not an accident at work, but he is not able to work according to the doctor. We have discussed this with him? Do i just issue a P45?
JA: Have you discussed the termination with your HR staff? Or with a lawyer?
Customer: The advisor I use is out of the office, so looking for a direction?
JA: Is the relevant person an employee, freelancer, consultant or contractor? Does he belong to a union?
Customer: He is an employee. Not aware that he belongs to a union
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't wish to be unfair, but he cannot work. We have no other roles available. He lives on site in worker accommodation, which has been provided for free over the last 28 weeks. He is in touch with Housing Support as a condition of planning and employment is that no one can live on site unless they are employed by the company
MatthewM1117
Good afternoon thank you for contacting Just Answer my name is***** am a practising solicitor with several years experience and I will be assisting you today. Please note that this is a Q and A platform and no lawyer client relationship is created. How long has the employee worked for you?
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Customer: replied 16 days ago.
Since 2016
Thank you for clarification, as the employer has worked for you for over 2 years you would need to go down the capability route. If you issued the p.45 then the employer could pursue a claim for unfair dismissal.
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Customer: replied 16 days ago.
I have another user accessing the database so I am currently unable to get any SSP history
Customer: replied 16 days ago.
Thanks
Customer: replied 16 days ago.
But surely I dont have to pay anymore?
Customer: replied 16 days ago.
Obviously accrued holiday

Yes you are obligated to make any further sickness pay. As an alternative to going down the capability route you could offer the employee some form of settlement agreement.

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Customer: replied 16 days ago.
How do I pay that and at what figure?

This would be a company decision but usually you would include a months salary plus any holiday pay.

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Do you have any follow up questions?
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Hopefully I have answered your question but if you have any further questions particularly in relation to a settlement agreement I will be happy to assist further.

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