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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49868
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I run a small children's nursery. A member of staff worked

Customer Question

I run a small children's nursery. A member of staff worked for me for the last 8 years. Until Sept 2016 she worked 4 mornings a week during school term times. She has had health problems so from Sept 2016 she worked 2 mornings (9.00- 1.00pm) and 1 afternoon (1.00-3.00pm). In April 2017 she was signed off for 4 weeks. She had received all her sick pay and I paid 1 month statutory sick pay (although I understand I was not obliged to). We met last week and she is not able to work due to physical incapacity. I have now had the following request (see below) - where do I stand?
Assistant: Where are you located? It matters because laws vary by location.
Customer: Further to our meeting on 6th July 2017 in which you confirmed the end of my employment, I have sought advice regarding possible benefits I may be entitled to. Upon explaining my current situation, I was informed that due to the fact that I have been employed for 8 complete years, I am entitled to 8 weeks pay in lieu of notice ‘where dismissal is for a reason other than gross misconduct’. In addition to this, it is my understanding that when an employee leaves their work they are entitled to a payment in lieu of their accrued entitlement to holiday whether or not they have been present at work or absent due to sickness. As none of this was discussed during the meeting and I am yet to receive my written confirmation, I wondered could you confirm that you are in the process of doing this for me. London NW5
Assistant: Has anything been filed or reported?
Customer: I have some e mails. I have not confirmed the end of her employment in writing (it was all very amicable up to now- it was clear to both of us she could not work)
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: No
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 8 months ago.

Will you actually be seeking to terminate her employment? If she was given notice of dismissal would she be in a position to work it?

Customer: replied 8 months ago.
What does work it mean?
Expert:  Ben Jones replied 8 months ago.

Well is she going to be able to come in and work during her notice period or will she remain off sick?

Customer: replied 8 months ago.
She will remain off sick
Expert:  Ben Jones replied 8 months ago.

What is the notice period which you must giver her on termination as per her contract?

Customer: replied 8 months ago.
I month
Customer: replied 8 months ago.
Are you still online?
Expert:  Ben Jones replied 8 months ago.

yes I am

Customer: replied 8 months ago.
Can you give me advice?
Expert:  Ben Jones replied 8 months ago.

I will, but I do need to type it all out...

Customer: replied 8 months ago.
Expert:  Ben Jones replied 8 months ago.

If you are going to terminate her employment due to ill health then you will still need to issue her with notice of termination. She is correct that the minimum entitlement by law is one week’s pay for every full year of continuous employment, making her notice entitlement 8 weeks. This is regardless of the fact her contract says she is only entitled to 1 month. Also because your notice period is not more than 1 week greater than her statutory entitlement, you must actually pay her full pay for the full notice period, even if she remains off sick for the whole duration of her notice period.

As to holidays, she is also correct because if she has any holidays from the current holiday year, which remain untaken by the time her employment terminates, she is entitled to be paid for them on termination. She also continues to accrue holidays for the duration of the notice period.

In the end you need to pay her 8 weeks’ full pay for the notice plus whatever holidays she has accrued up to the termination date.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Expert:  Ben Jones replied 8 months ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Expert:  Ben Jones replied 8 months ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks