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JGM, Solicitor
Category: Law
Satisfied Customers: 12083
Experience:  30 years as a practising solicitor.
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I have an employee who has told me she needs to go

Customer Question

Hi I have an employee who has told me she needs to go for counselling twice a month during working hours (which takes her out of the office for 1/2 a day at a time). This counselling I understand is due to her being sexually assaulted on her way home one night. This would not be an issue if it had happened whilst she was employed by me. The issue is it happened two years before I employed her and she did not disclose this to me during interview. I don't ask because I want to get rid of her, far from it she is great at her job, I am just in the process of drafting her contract of employment and need to know where I stand on this issue
Regards Steve.
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
There is nothing is the law which says that you have to agree with this but if you don't you may run the risk of a disability or even indirect discrimination issue. Your way to deal with this is to let her go but she will have to take the time off as unpaid or holiday leave. You certainly can't be made to pay her for that time off.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.