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Old 25-11-09, 10:29 AM   #1
keithd
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Default Legal people

you're all clever etc. advice on the following please

we have a chap who works here, he's been off sick for 13 weeks now, all backed up with doctors certificate, he's suffering from depression and can't drive. his job here is warehouse/driver.

at what point can i start to press him, asking when he plans or when it is likely he will return? we have just bought a new van and would like to start getting some revenue back on it by making deliveries again. i suspect this is a delicate area legally, i expect there's squat i can do....
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Old 25-11-09, 10:35 AM   #2
timwilky
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Default Re: Legal people

minefield mate, especially for small businesses where you may have to also employ a temporary worker to do the job of the individual on long term sick.

When my wife was off because of post cancer treatment/recovery etc. her manger/HR demanded to know what her plans were and she worked with the NHS. I see no problem with asking. it is what you do with the information that gets messy
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Old 25-11-09, 10:53 AM   #3
Jabba
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Default Re: Legal people

My advice is "consult your Sickness and Absence Policy".
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Old 25-11-09, 11:22 AM   #4
plowsie
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Default Re: Legal people

Alternatively, I'm looking for £16k a year, I'll do the driving...
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Old 25-11-09, 11:37 AM   #5
Tara
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Default Re: Legal people

how about a job share plowsie mate 'll need a car seat tho
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Old 25-11-09, 11:38 AM   #6
Dave20046
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Default Re: Legal people

Quote:
Originally Posted by plowsie View Post
Alternatively, I'm looking for £16k a year, I'll do the driving...
Be careful though guy round here was in the same situation, boss sacked him as he couldn't afford the sick pay next day the driver jumped off a bridge.

Double check he's not serious before doing anything!
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Old 25-11-09, 11:44 AM   #7
Ed
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Default Re: Legal people

Quote:
Originally Posted by Jabba View Post
My advice is "consult your Sickness and Absence Policy".
...if there is one...
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Old 25-11-09, 11:49 AM   #8
keithd
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Default Re: Legal people

Quote:
Originally Posted by Ed View Post
...if there is one...
correct.

small company, 10 staff. not got one.

which is where the minefield becomes even more hazardous
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Old 25-11-09, 12:02 PM   #9
Jabba
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Default Re: Legal people

Quote:
Originally Posted by keithd View Post
not got one.
Get one, and get new recruits to sign up to it. Saves a lost of aggro later.

Want ours for reference? Might get you some brownie points with the MD, and a pay rise
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Old 25-11-09, 12:05 PM   #10
Dicky Ticker
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Default Re: Legal people

in the past a similar situation and sat down with the chap concerned over a cuppa and explained that being a small company the difficulties caused,although nobody's fault were starting to have repercussions on the company
Outcome being that after 13wks he left,on the understanding that should he wish to return after his illness his job would be there for him.
I then employed a temporary driver who had the situation made clear to him that should the other party wish to return he had to go
After another 10-12wks the former employee phoned up saying he would never be able to do his original job again and thanked me for keeping it open.
The temp driver was good at the job and over the moon when told it was his permanently if he wanted it
I feel it is all a matter how you approach the situation and how understanding your employee is.
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