sick pay, holidays, unfair dismissal. not showing up for work

W

wallflower

Guest
i have an employee who has been out sick for the past 6 weeks and was out sick for 5 weeks at the beginning of the year, i know that she is not very interested in her job and often complains that she does not like the work so she goes out sick. Too many doctors write sick certs for no reason at all
1) is she entitled to build up holidays while out sick as she has built up over 30 days since last year as every time we are on holidays she has a doctors cert to cover her.
2) is there any way i can let her go without it been unfair dismissal?
3) for the past 4 days she has not been covered with a doctors cert and has not come to work or rang in to explain what is happening- what should i do now? Can i take these days from her hoildays?

The company have not been paying her for the past 6 weeks as they will only pay sick pay for the first 30 days in any working year.

Any advise is much appreciated.
 
Send your employee to the company doctor (or perhaps even her/his own doctor) and ask for a medical report confirming that he/she is fit to continue in your employ long term and is fit to carry the full range of duties.

On production of the medical report you can make an informed decision.
 
An employer is not obliged to keep employing someone with recurrent health problems that mean they are not there sufficiently to do their job. However, you do need to go through the proper discipline (and if it comes to that, dismissal) process.

You need to know the employment legislation (which you don't seem to, so do take advice before you land in hot water). My understanding is that yes, holidays accumulate but do check thoroughly with a specialist, make sure you have good procedures and follow them.
 
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