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Advice on Managing Sickness Absence
This guide tries to answer some questions you might ask when an employee is absent from work due to sickness or unauthorised absence.
Breach of Contract
If an employer fundamentally breaches a contract of employment, it could lead to the employee resigning. If an employee fundamentally breaches a contract of employment he or she could be dismissed.
Suspension
An employer may decide to suspend an employee temporarily from work if they are involved in a disciplinary situation, or for maternity or medical reasons. Usually an employee who is suspended is entitled to their normal pay during their suspension.
Employee-led Early Conciliation
From 27 January 2020 anyone who wishes to lodge a claim with the Industrial or Fair Employment Tribunal must first notify the Labour Relations Agency and discuss the option of Early Conciliation. You will not be able to proceed to tribunal without at least considering this option.
Employee representatives
Employees who act as representatives for consultation about redundancies or business transfers, or are candidates to be representatives of this kind, are entitled to reasonable time off with pay during working hours to perform these functions and to receive appropriate training.
Statutory Shared Parental Pay (ShPP)
From April 2024 Statutory Shared Parental Pay will paid at £184.03 per week or 90% of average weekly earnings (AWE), whichever is lower.
Volunteers
A volunteer is not an employee or a worker and does not have an employment contract.
Leaflet 1. Know the Law
February 2016
Employees have a range of legal rights derived from national or European legislation and these are summarised in this leaflet
Statutory Sick Pay
Employers are responsible for the payment of Statutory Sick Pay (SSP) for periods of illness of four days or more up to a total of 28 weeks' absence in any one period of incapacity for work.
Dismissal
Employees can be dismissed for reasons such as gross misconduct or a fundamental breach of contract. A fair and robust process should be followed where all parties have certain rights and responsibilities.