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One of my employee is off sick for term and she is with a…

One of my employee...

One of my employee is off sick for long term and she is with a company for less than 2 years. I've acquired this business 6 months ago and all the staff are transferred to me from the previous employer. I'm in a position to employ another person to replace this employee on sick leave.This make me pay 2 people and put very stress to my business. Can I make this employee redundant?

Lawyer's Assistant: Have you discussed the termination with your HR staff? Or with a lawyer?

No

Lawyer's Assistant: Is your employee "at will?" Does the employee belong to a union?

No .This employee was telling everyone that she wanted to resign including me before decided to go off sick leave

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Do i have to pay her any redundancy payment? or she has a valid reason to take me to the tribunals

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Answered in 48 minutes by:
3/27/2018
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 51,196
Experience: Qualified Employment Solicitor
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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

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Why has she been off sick?

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Customer reply replied 4 months ago
stress

How long has she been off for?

Ask Your Own UK Employment Law Question
Customer reply replied 4 months ago
2 months

The starting point is that if she has been continuously employed at her place of work for less than 2 years then her employment rights will be somewhat limited. Most importantly, she will not be protected against unfair dismissal. This means that you can dismiss her for more or less any reason, and without following a fair procedure, as long as your decision is not based on a reason which makes a dismissal automatically unfair. These include:

· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

· Taking, or trying to take, leave for family reasons including pregnancy, maternity leave, paternity leave, adoption leave, childbirth and parental leave

In the event that the reason for dismissal fell within any of these categories, then the dismissal could be automatically unfair and there could also be a potential discrimination claim.

The main issue here is disability. This can have a broad meaning from a legal perspective and there is no single list of medical conditions that qualify. Potentially anything can amount to a disability if it meets the required criteria.

The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.

I will break this definition down and examine it in more detail:

· Physical or mental impairment – this can include nearly any medical condition, be it physical or mental

· Substantial effect – the effect must be more than minor or trivial

· Long-term - the impairment must either have lasted or be likely to last for at least 12 months

· Normal day-to-day activities – these could include anything considered ‘normal’ in a person's normal daily routine (e.g. shopping, reading and writing, having a conversation or using the telephone, watching television, getting washed and dressed, preparing and eating food, carrying out household tasks, walking and travelling by various forms of transport, and taking part in social activities)

If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination. This means that they must not be treated unfavourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees.

Therefore, if you make a decision to dismiss her because of something that amounts to a disability, this could make the dismissal unfair, even if she has not been there for 2 years. However, if you are confident her condition will not meet the criteria for disability or you can justify the reasons fr dismissal had nothing to do with it, then you can go and safely dismiss.

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

Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 51,196
Experience: Qualified Employment Solicitor
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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