Advice needed for PT employee off sick since April

Thriftkitten

Hi I am trying to find some help and advice for my mum who is beside herself with worry.
We own a small family run business in our town that my gran started some 40 yrs ago, my mum took over the business and my nan only works at the weekends. Even though this shop is tiny, business is booming with it being near on impossible to cope with just one person in the summer months.
In Dec 2012 my mum took on a lady we knew who wanted to do PT 16 hrs per week as she has a child and alone. She has been a great employee except she is quite a sickly lady who has had to have investigative tests and treatment and also a spell of a month or so in hospital with little in the way of a successful diagnosis and has now been off sick since the beginning of April. My mum is very fond of this lady and they have a very good rapport, However, my mother is unsure of what she needs to be doing regarding encouraging or helping this lady back to work. It is killing her working in the shop all through these summer months because she has back problems herself.
She cannot manage alone, but is not sure that she can employ another member of staff temporarily just for the summer when she already has this lady on statutory sick pay, although the government pays that for her.
I did read somewhere that the lady must start to produce a "Fit" certificate as she keeps reassuring my mum that she will return to work, but she just dosen't know when, She is currently being weaned off Morphine, fentinol and attending a pain clinic weekly.
We cannot seem to get a diagnosis and never have really as I'm unsure if she even knows. My mum unfortunately has been guilty of being to friendly and checking on her to see if she needs anything, however, she text her tonight with advice from her accountant to say that she should go ahead and issue her a P45 because there is no date in sight for return, merely more promises each week that it wont be too much longer.
Please could anyone offer any advice, the lady was none too happy stating that my mum could not issue her with a P45 even though she agreed to rehire her after the summer if she was fit, it's starting to get nasty but masked by pleasantries at the end of the sentence.
I thought I would post here because I was worried about the accountant being too premature and the lady having a case for unfair dismissal.
Any advice greatly appreciated.

Takeaway_Addict

Thriftkitten wrote: »

Hi I am trying to find some help and advice for my mum who is beside herself with worry.

We own a small family run business in our town that my gran started some 40 yrs ago, my mum took over the business and my nan only works at the weekends. Even though this shop is tiny, business is booming with it being near on impossible to cope with just one person in the summer months.
If the business is booming then hire another person to cover the ladies time off work and take some pressure of your mother.
In Dec 2012 my mum took on a lady we knew who wanted to do PT 16 hrs per week as she has a child and alone. She has been a great employee except she is quite a sickly lady who has had to have investigative tests and treatment and also a spell of a month or so in hospital with little in the way of a successful diagnosis and has now been off sick since the beginning of April. My mum is very fond of this lady and they have a very good rapport, However, my mother is unsure of what she needs to be doing regarding encouraging or helping this lady back to work. It is killing her working in the shop all through these summer months because she has back problems herself.As above with regards other cover. Presumably this lady is only being paid SSP?

Your mother might benefit by getting employment advice from a professional company, there is probably other areas she is falling down on with regards her legal requirements. That's not a dig, there is just ALOT.
She cannot manage alone, but is not sure that she can employ another member of staff temporarily just for the summer when she already has this lady on statutory sick pay, although the government pays that for her. The government don't pay for SSP since April so the costs are the companies only.

I did read somewhere that the lady must start to produce a "Fit" certificate as she keeps reassuring my mum that she will return to work, but she just dosen't know when, She is currently being weaned off Morphine, fentinol and attending a pain clinic weekly.
To get SSP she needs to be providing doctors notes for all time off work after the 1st 7 days where she can self certify.

We cannot seem to get a diagnosis and never have really as I'm unsure if she even knows. My mum unfortunately has been guilty of being to friendly and checking on her to see if she needs anything, however, she text her tonight with advice from her accountant to say that she should go ahead and issue her a P45 because there is no date in sight for return, merely more promises each week that it wont be too much longer.

Stop texting on situations like this, its unprofessional and if the employee is playing the system it would be easy to build an arguement of harrassment.
Please could anyone offer any advice, the lady was none too happy stating that my mum could not issue her with a P45 even though she agreed to rehire her after the summer if she was fit, it's starting to get nasty but masked by pleasantries at the end of the sentence.
I thought I would post here because I was worried about the accountant being too premature and the lady having a case for unfair dismissal.
Any advice greatly appreciated.

Your mother has been far to open, she should not have told the woman the accountants advice (which is dodgy)....gees! She could have dismissed within the first 2 years under no reason and it would have been alot harder for this woman to say it was down to her illness but considering your mum has told her about this then she stands no chance of pulling that one off. (and I wouldn't recommend doing that anyway)

She needs to look at going through a capability procedure IMO as the employee could have an illness covered by the equality act 2010 (read up on it) where reasonable adjustments back to work are required by the employer.

Seriously, go find an employment company such as Peninsula and pay for some advice because what is paid now could and most likely will save alot of money in the future.

sulphate

From your post it doesn't sound like the employee has ever provided a fit note, is that correct? Employees should provide these if they have been off sick for 7+ days. The note should also specify when the employee will be fit to go back to work (although this can obviously change).

https://www.gov.uk/taking-sick-leave

Thriftkitten

Many Thanks, She is a member of FSB and will ring them for advice first thing, I was really only trying to help settle her nerves really until she could speak to someone tomorrow.

Takeaway_Addict

Thriftkitten wrote: »

Many Thanks, She is a member of FSB and will ring them for advice first thing, I was really only trying to help settle her nerves really until she could speak to someone tomorrow.

Unfortunately that's not going to happen as she has dug herself a small hole but being part of the FSB should help and she can get out of it relatively unscathed.

I would advise at the very least your mother starts reading up on employee rights beacuse it will give her an idea on her responsibilities.