search.noResults

search.searching

dataCollection.invalidEmail
note.createNoteMessage

search.noResults

search.searching

orderForm.title

orderForm.productCode
orderForm.description
orderForm.quantity
orderForm.itemPrice
orderForm.price
orderForm.totalPrice
orderForm.deliveryDetails.billingAddress
orderForm.deliveryDetails.deliveryAddress
orderForm.noItems
law Ask >


A regular column providing answers to your legal questions


Q I had a meeting with an employee about performance. He has now gone off sick and may exhaust three months sick pay but I’ll still have to deal with the performance issues. What do I do?


This is not an uncommon scenario.


The performance management process will have to be placed on hold pending the employee’s return to work (subject to the below). When writing to the employee to set out the sickness procedure, I would include a short note that any procedures the employee is subject to will be resumed on their return to work.


I would take stock before assuming that the employee has gone on sick leave to avoid taking part in the performance management process. While disciplinary action can be taken in such a scenario, there has to be evidence of the employee’s dishonesty before any disciplinary steps are taken.


If you have any doubt about the legitimacy of the illness, or if you feel that the discussion on performance has contributed to it, a sensible step would be to arrange an occupational health (OH) assessment. This can address when the employee is likely to return to work and on what basis. When referring an employee to OH, always remember to ask tailored and thorough questions specific to the employee in questions’ scenario. If necessary, review or amend the performance plan in light of occupational health advice, particularly if OH suggests the employee’s sickness may constitute a disability.


Subject to any clear capability or disciplinary grounds to address the situation, I am afraid the most sensible solution is to wait until the employee’s return before addressing performance.


To avoid this situation going forward it is helpful to introduce a clause into your sick pay policy that sets out that only


Richard Devall, partner 01895 207262


richard.devall@ibblaw.co.uk ibblaw.co.uk


statutory sick pay, and not enhanced sick pay, will be provided when an employee is on sick leave while subject to a disciplinary or performance process. You will have to be mindful of disabled employees (and the obligation to make reasonable adjustments) when applying this policy, but it does help to prevent illegitimate cases of sick leave.


Submit your questions for the next edition to:


askibb@ibblaw.co.uk


SEMINAR: Employment status – Steering the path through IR35 How can you prepare for the changes to off-payroll working rules? Thursday February 6, 8.30am, Crowe, Aquis House, Reading, RG1 1PL


The quagmire of defining ‘employment status’ (‘employee’, ‘worker’, or ‘self-employed contractor’?) continues to cause businesses (including end-users requiring staff and Intermediaries supplying staff) significant difficulties. The situation will be further complicated by the changes to the IR35 tax regime effective from April 2020, with private-sector businesses being brought into line with the IR35 obligations and implications currently applicable only to public sector organisations.


Leading Thames Valley law firm Blandy & Blandy LLP and national audit, tax advisory and risk firm Crowe will explain the new IR35 tax regime, the implications for businesses and how to prepare.


This is a must attend seminar for organisations that engage the services of contractors on either a self-employed basis; through consultancy agreements, or otherwise.


Email david.lamont@blandy.co.uk to register or with any questions. Firm invites local charities to apply for support


Blandy & Blandy LLP is seeking two new local charities from across Berkshire and South Oxfordshire to ‘adopt’ from 2020.


In recent years, the firm has donated over £100,000 to local charities including Age UK Berkshire, the League of Friends of the Royal Berkshire Hospital, Daisy’s Dream, Reading Samaritans, Younger People with Dementia, Camp Mohawk, Thames Valley Air Ambulance and Berkshire Vision.


Email david.lamont@blandy.co.uk for further information. 22 businessmag.co.uk


Join Blandy & Blandy LLP’s leading annual employment law team at the firm’s annual update, to keep up-to-date with recent and emerging changes in employment law and good HR practice.


This seminar will focus on ‘lessons to be learned’ from case law, as well as recent legislative and regulatory changes, to help you minimise and manage any associated business risks. It is also an opportunity to network with the team and fellow professionals.


Email david.lamont@blandy.co.uk to register or with any questions. blandy.co.uk THE BUSINESS MAGAZINE – JANUARY/FEBRUARY 2020 SEMINAR: Employment law update –


What’s new for legal and regulatory compliance in the workplace?


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40