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Sickness Pay

 
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aled
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Joined: 23 Nov 2007
Posts: 2

PostPosted: Fri Nov 23, 2007 2:24 am    Post subject: Sickness Pay Reply with quote

i process payroll for a Parish Council. there are 3 employees including myself

one of the emplyoees is on long term sickness. they are part time but over the age of 65.

i know i should continue to pay them but do i have to under uk emplyment law. a member of the council have asked me to find out

i would appreciate any help
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Bob Patchett
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Joined: 22 Aug 2007
Posts: 5
Location: Lichfield

PostPosted: Sun Nov 25, 2007 3:59 pm    Post subject: Reply with quote

Hello Aled

Age and hours worked by the employee are not directly relevant here. If the employee was entitled to Statutory Sick Pay, which he would be if his earnings were at least £87 per week, you should continue to pay this for the full 28 weeks of incapacity. You need pay beyond this only if the employee's contract of employment says that you should do so.

If the employee is not entitled to Statutory Sick Pay and nothing about sick pay is mentioned in the employment contract, you would be expected to act reasonably. I suggest that this means paying at least part of normal wages for, say, two months.

Even if you no longer pay the employee, he remainsin your employment until either party gives notice to end the relationship.

Bob Patchett
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Jeepers
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Joined: 22 Apr 2004
Posts: 19
Location: UK

PostPosted: Wed Nov 28, 2007 12:19 pm    Post subject: Reply with quote

Hi Aled

I would agree with Bob on this but with one exception -

If the employee is not entitled to SSP and there are no contractual reasons to pay any 'company sick pay' then the employer need not make any payments at all. I feel the suggestion to pay part of the normal wages is a personal thought by Bob rather than advice based on any fact or reason. At the end of the day, providing it does not cause any discriminatory issues, it is up to the employer to make any additional payments that they feel may be appropriate. The downside of making additional, non contractual payments of this kind may lead to the payments being implied into the contract of employment thus becoming a right in the future.

I would suggest that only statutory and contractual payments be made to avoid any complications in the future.
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aled
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Joined: 23 Nov 2007
Posts: 2

PostPosted: Fri Dec 14, 2007 6:36 pm    Post subject: Reply with quote

Dear Bob and Jeepers,

Thanks for your replies. you have both been very helpful.

Regards


Aled
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