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Employee not wanting to work

What is the correct positon here

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we have a client who runs a bakery / shop and is able to keep trading as a food producer

one of the employees has asthma and does not want to continue working due to coronavirus, instead prefering to self isolate - they expect to be off indefinitley

the employee is in their 20's and has not been contacted by the governement as one of the vulnerable people expected to stay in for 12 weeks

they have also displayed no symptons, but are very anxious about being out and serving customers in the shop - the client has put in some impressive measures to protect staff and customers and feels the shop is as sfae as can be

what is the employee entitled to for sick pay here - can they claim the 14 days? and if so what happens after that? i'm assuming they would need to be signed off as normal for any extended period but we cant find any clear guidance

Replies (5)

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By zebaa
25th Mar 2020 12:20

If they want to avoid a constructive dismissal case they sign the employee off sick. The detail, like much else now, they can bother about later. Pay them the £94.00 per week, because I doubt the employee will have any additional sick pay. See if there is more detail in 14 days time and go on like that.

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By acceje
25th Mar 2020 12:46

As I understand it not all of the letters have been sent out yet. If the employee doesn't get a letter they can get in touch with their doctor and explain that they think they qualify and request a letter to show the employer. But I echo the advice - pay the SSP.

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By ospevack
25th Mar 2020 12:49

There is no clear guidance, however your client may consider furloughing that employee, there is an option to discuss paying the 80% rather than a full 100% if there is a cashflow issue. When this all settles down your client will likely be on the right side if they have been sensitive to the needs of those with diagnosed underlying chronic respiratory diseases such as asthma, and employee engagement is the key to getting through this.

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By paul.benny
25th Mar 2020 13:07

I agree with your assessment that the employee still requires a sick note after the 14 day self-isolation period.

If she refuses to attend after that period and doesn't produce a sick note, she can be dismissed. Whilst it might be argued that asthma and/or anxiety are disabilities, the employer seems to have made reasonable adjustments as far as is possible.

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By ohgoodgodno
25th Mar 2020 16:12

thanks for the replies, I dont think furloughing this employee is applicable - they wouldnt be laid off as the business can continue - if anythign they are busier now than before due to supermarket shortages more are shopping local

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