In essence, no. Employees cannot get sick pay and holiday pay at the same time. Taking holiday while off sick An employee can take holiday (annual leave) while off sick. For example, if they: are not physically able to work, but physically able to take a holiday have a mental health condition that might be…
Yes, but you must be clear about your reasons for doing so. To comply with data protection obligation, employers must have a legal basis for processing such information and ensure they comply with the conditions for processing special category data relating to employees’ health, under the UK GDPR: http://bit.ly/ICOspecialcategorydata The Information Commissioner’s Office (ICO) publishes…
There are particular circumstances where an employer may need to obtain a medical report for a prospective, or existing employee, for example: where health or fitness is a determining factor of the employee’s ability to do the job and may precede the employer being able to confirm a conditional job offer, or; where an employer…
In short, no, although employers have a duty, as far as reasonably practicable, to ensure the health and safety at work of their workforce. Asking employees to agree to a vaccination against coronavirus (COVID-19) is likely to be a reasonable step to take to reduce the risk to employees’ health. In this respect, employers can…
Employers should consider some simple steps, to help protect the health and safety of everyone during the coronavirus (COVID-19) pandemic. If you want to know more about self-isolation and sick pay for your employees, ACAS update their useful and practical steps for employers on a daily basis.If you need further information on any of the…
Firstly, when your employee has returned to work following a sickness absence, carry out a return to work interview as soon as possible after the employee’s return from sick leave – ideally on their first day back at work. Return to work interviews should take place face-to-face, where possible, but they don’t need to be…
If a worker is absent for four or more days in a row they may qualify for SSP (Statutory Sick Pay). It is payable for 28 weeks. To qualify, a worker must earn at least the Lower Earning Limit. From 6th April 2019, the rate of SSP will be £94.25 per week. The amount is…
An employee can self-certify absence for the first 7 days of sickness, but a doctor’s certificate (i.e. a Fit Note) should be provided by the employee for longer periods of absence. If an employee is absent without a fit note – where they have been sick for more than 7 days, the employer may be…
The minimum information that employers are required to keep for each employee who receives statutory maternity pay (SMP) is: the medical certificate (MAT B1) or other evidence relating to the pregnancy provided by the employee (copies of the relevant documents are acceptable) and a record of the date of birth of the baby; a record…
Lack of capability, including when it is assessed with reference to health, is a potentially fair reason for dismissal under the Employment Rights Act 1996. However, employers must show that they acted reasonably – both in treating the long-term ill health as a sufficient reason for dismissing the employee and in procedures undertaken to effect…