Menu
Contact Us
Sickness Absence 1024x1024 - Sickness Absence
image placeholder - Sickness Absence

When another person or organisation has broken the contract between you to provide the goods or services in return for payment, you may have grounds for compensation or redress.

Read More

image placeholder - Sickness Absence

Our specialist Litigation team are on hand to help you with any queries you may have.

Read More

image placeholder - Sickness Absence

Our expert solicitors are here to support you with advice, outlining your options at the very first stages to ensure all possible objectives are reached.

Read More

image placeholder - Sickness Absence

The Litigation team at Poole Alcock will advise you on the best route to take, depending on your tenancy agreement.

Read More

image placeholder - Sickness Absence

At Poole Alcock we understand that you want to resolve any dispute cost-effectively and maintain good relations where possible.

Read More

Congleton Family Solicitors

The claims process can seem daunting for anyone recently diagnosed with an asbestos related disease. Poole Alcock Solicitors can help you through every step.

Read More

Poole Alcock Solicitors

Pleural Thickening is fibrous damage to the pleura (outer lining of the lungs), which causes the pleura to become thickened. This disease is often caused as a result of exposure to asbestos.

Read More

Poole Alcock Solicitors

Asbestosis is fibrosis within the lung caused by exposure to asbestos. Our specialist solicitors are on hand to guide you through the claims process.

Read More

Poole Alcock Solicitors

Mesothelioma is a tumour in the pleura (lining of the lungs) or the peritoneum (lining of the abdominal cavity). Contact us today to discuss the fast track claims procedure.

Read More

Poole Alcock Solicitors

The risk of contracting asbestos related lung cancer is related to the level of exposure to asbestos. Poole Alcock Solcitors can help you determine if you have a claim.

Read More

image placeholder - Sickness Absence

Our team has extensive experience of settling claims arising from a wide variety of accidents and injuries suffered in the workplace.

Read More

image placeholder - Sickness Absence

Whilst a trip to the beauty salon may conjure up images of relaxation and pampering, many services use potentially harmful chemicals and machinery.

Read More

image placeholder - Sickness Absence

Poole Alcock have a number of keen cyclists who commute to work and enjoy cycling as a hobby or as a competitive sport. We therefore understand the frustration that can occur.

Read More

image placeholder - Sickness Absence

Every employer should ensure that the exposure of his employees to substances hazardous to health is either prevented or, where this is not reasonably practicable, adequately controlled.

Read More

image placeholder - Sickness Absence

The loss of a loved one is one of the most difficult situations in life we have to face, and the thought of bringing a claim for compensation at this time is a difficult one.

Read More

image placeholder - Sickness Absence

An employer has a duty to eliminate or reduce exposure to vibration to as low a level as is reasonably practicable. In doing so, the employer should have assessed any risks in the task concerned.

Read More

image placeholder - Sickness Absence

Suffering a head injury is understandably concerning for the victim and their family. It is important to investigate any potential brain injury that may have been caused.

Read More

image placeholder - Sickness Absence

Tinnitus is any noise (for example, buzzing or ringing) in the ear and can be caused by exposure to excessive levels of noise, although there are other causes too.

Read More

image placeholder - Sickness Absence

It is logical to think that if you are constantly carrying out the same physical task at work, such as lifting heavy boxes without a break, you may well develop a bad back.

Read More

image placeholder - Sickness Absence

Common causes of road traffic accidents include other road users, poorly maintained roads, obstructions in the road and slippery surfaces. You may have suffered an injury.

Read More

image placeholder - Sickness Absence

Accidents can happen at any time and in any place – in the street, at work, at the supermarket. If you think that another person or organisation was responsible for your accident then you may be entitled to compensation.

Read More

image placeholder - Sickness Absence

Suffering a spinal cord injury can be a life-changing event, impacting on almost every aspect of your life. If the accident was not your fault, then financial compensation is often necessary.

Read More

Wills

Our full administration service gives you peace of mind knowing that our professional expert solicitors are ealing with the administration and distribution of your loved one's estate.

Read More

Wills

Poole Alcock Solicitors offer a grant only service for executors wishing to carry out the administration of the estate themself

Read More

wills and probate meet the team

Our specialist team of Wills and Probate lawyers are on hand to help

Read More

Poole Alcock Solicitors

At Poole Alcock, our expertise in this sector has allowed us to help clients from all walks of life to resolve contentious probate disputes quickly and cost effectively.

Read More

Poole Alcock Solicitors

Poole Alcock solicitors are experienced in challenging Wills and can help you to make a claim for maintenance under the Inheritance Act.

Read More

wills and probate meet the team

Our specialist team of Wills and Probate lawyers are on hand to help

Read More

WILMSLOW OFFICE 008 X2 - Sickness Absence

At Poole Alcock, our solicitors are highly experienced at helping clients preserve their assets. We will assess the best way to manage the risks of what you or your family have worked hard to achieve and limit your exposure.

Read More

WILMSLOW OFFICE 008 X2 - Sickness Absence

At Poole Alcock, we will work with you to identify all of your assets, discuss your wishes and advise you on the best steps to minimise a potential inheritance tax bill.

Read More

WILMSLOW OFFICE 008 X2 - Sickness Absence

With Poole Alcock Solicitors, the process of making a Will is an easy and affordable one that we can guide you through, drafting it for your approval, making any amendments, and ensuring it is validly signed.

Read More

WILMSLOW OFFICE 008 X2 - Sickness Absence

If you are concerned that the level of capital you are allowed to keep before you have to fund your own care costs will leave little for you to pass on, the key is to plan ahead.

Read More

wills and probate meet the team

Our specialist team of Wills and Probate lawyers are on hand to help

Read More

WILMSLOW OFFICE 008 X2 - Sickness Absence

You can trust Poole Alcock to advise you or your relatives on the best way to use this important document to plan for the future.

Read More

WILMSLOW OFFICE 008 X2 - Sickness Absence

If you have an elderly relative who is beginning to suffer from lack of memory and confusion, it is important to talk to them about making a Lasting Power of Attorney as soon as possible.

Read More

wills and probate meet the team

Our specialist team of Wills and Probate lawyers are on hand to help

Read More

image placeholder - Sickness Absence

If you are in dispute about which school your child should attend or think that it will be in the child’s best interests to change schools it will be necessary to apply for a Specific Issue Order through the courts.

Read More

image placeholder - Sickness Absence

If your child is aged under 16, it is possible to change their name by deed poll providing that all of the parties with Parental Responsibility are in agreement. However, the child’s birth certificate will not normally be changed as this is a historical record from when the child was born.

Read More

image placeholder - Sickness Absence

When a child is removed from one of the parents without the other parent’s permission or a child is not returned at a pre-arranged time, it is important to act quickly to reinstate the child’s normal or pre-agreed routine.

Read More

image placeholder - Sickness Absence

Whenever possible separating parties should speak to one another and make arrangements for the care of the children which are in the children’s best interests and can be worked around by both parents.

Read More

image placeholder - Sickness Absence

Most of the legal rights given to parents are by way of Parental Responsibility (PR). PR means ‘all the rights, duties, powers, responsibilities and authority that a parent of a child has in relation to the child and his property by law’.

Read More

image placeholder - Sickness Absence

If you are in dispute about which school your child should attend or think that it will be in the child’s best interests to change schools it will be necessary to apply for a Specific Issue Order through the courts.

Read More

image placeholder - Sickness Absence

If your child is aged under 16, it is possible to change their name by deed poll providing that all of the parties with Parental Responsibility are in agreement. However, the child’s birth certificate will not normally be changed as this is a historical record from when the child was born.

Read More

image placeholder - Sickness Absence

When a child is removed from one of the parents without the other parent’s permission or a child is not returned at a pre-arranged time, it is important to act quickly to reinstate the child’s normal or pre-agreed routine.

Read More

image placeholder - Sickness Absence

Whenever possible separating parties should speak to one another and make arrangements for the care of the children which are in the children’s best interests and can be worked around by both parents.

Read More

image placeholder - Sickness Absence

Most of the legal rights given to parents are by way of Parental Responsibility (PR). PR means ‘all the rights, duties, powers, responsibilities and authority that a parent of a child has in relation to the child and his property by law’.

Read More

image placeholder - Sickness Absence

You can apply to end or dissolve your civil partnership if you have been in the partnership for at least one year. It is very similar to divorce, in that you will need to make an application to the court.

Read More

image placeholder - Sickness Absence

When parties separate they may be able to reach an amicable agreement about the finances of the household and how these should be divided going forward. However, for most this can be the most difficult area to resolve.

Read More

image placeholder - Sickness Absence

We can provide you with the peace of mind of conducting your divorce on a fixed fee basis. We will be able to provide you with the figure at the outset, allowing you to budget and plan your finances in advance.

Read More

image placeholder - Sickness Absence

We are proud to be chosen by Cheshire Police Federation as their nominated divorce lawyers to provide specialist divorce and family advice to its members.

Read More

image placeholder - Sickness Absence

A pre-nuptial/pre-civil agreement is a legal agreement made between two individuals before their marriage has taken place. It usually sets out how the couple wish their assets to be divided between them.

Read More

image placeholder - Sickness Absence

A separation agreement is a written agreement used when a couple want to stop living together. The agreement can be used to decide a variety of topics including, who will pay the mortgage.

Read More

image placeholder - Sickness Absence

Under the Equality Act 2010 harassment is defined as unwanted conduct which is related to either; age, disability, gender reassignment, race, religion or belief, sex and sexual orientation and is therefore unlawful.

Read More

image placeholder - Sickness Absence

Unfair dismissal is a complex area of employment law and one where you need a legal expert to safeguard your financial interests as well as your professional future.

Read More

image placeholder - Sickness Absence

It can be hard to realise that you may have been a victim of workplace discrimination. Discrimination is based upon what are called Protected Characteristics.

Read More

image placeholder - Sickness Absence

Under the Equality Act there are 9 specific areas which are called protected characteristics; any discrimination against workers because of these characteristics would be unlawful.

Read More

image placeholder - Sickness Absence

It is important that businesses handle the termination of a director’s contract appropriately, especially if you need to achieve a swift exit without disrupting the operation of the business.

Read More

image placeholder - Sickness Absence

Employers should enter into a period of consultation with their employees, giving them information on why the redundancies are necessary and if there are any alternatives available.

Read More

image placeholder - Sickness Absence

Has your employer discussed ending your employment through redundancy or with a settlement agreement/compromise agreement?

Read More

settlement agreement

Try our free settlement agreement calculator and you could find out what what you are entitled to in under a minute.

Read More

settlement agreement

Try our free redundancy agreement calculator and you could find out what what you are entitled to in under a minute.

Read More

image placeholder - Sickness Absence

There will be times when an employee’s conduct or performance falls short of what is expected of them in their contract of employment, or they believe that they have been treated unfairly at work.

Read More

image placeholder - Sickness Absence

The TUPE Regulations are in place to preserve employees’ rights when a business is transferred to a new employer. The Regulations can apply to organisations of all sizes when a business is sold.

Read More

image placeholder - Sickness Absence

From the recruitment process, through to issues such as TUPE, training from expert employment solicitors can help you to use the law as a positive framework to implement the best employment practices.

Read More

image placeholder - Sickness Absence

A written contract of employment is a legal requirement as part of the employment relationship and failure to provide one can leave both parties unclear about their rights and responsibilities.

Read More

image placeholder - Sickness Absence

Settlement agreements, which used to be called compromise agreements, can play an important part in ending an employment relationship, but there are some important legal safeguards.

Read More

image placeholder - Sickness Absence

Severing ties with a director or senior executive comes with countless decisions about how to protect your business.

Read More

image placeholder - Sickness Absence

Whether it is direct or indirect discrimination, a case of harassment, or failure to promote diversity, the Equality Act makes discrimination unacceptable in the workplace.

Read More

image placeholder - Sickness Absence

It is easy for important steps to be missed during a staff crisis however, each vital step may be a legal requirement. An omission that could have a serious impact upon your business.

Read More

image placeholder - Sickness Absence

Employers should enter into a period of consultation with their employees, giving them information on why the redundancies are necessary and if there are any alternatives available.

Read More

image placeholder - Sickness Absence

Whilst it is better to try to resolve a dispute directly with an employee, there will be times when it simply is not possible. In those cases, you may be called before an employment tribunal.

Read More

image placeholder - Sickness Absence

As an employer you have to be cautious with how you deal with dismissals in order to not be accused of an unfair dismissal.

Read More

image placeholder - Sickness Absence

Failure to comply with employment legislation can be devastating for a business. Compensation awards for unfair dismissal claims can be in excess of £75,000 and awards for discrimination are unlimited.

Read More

Sickness Absence

Why is it beneficial for an employer to have a Sick Pay Policy in...

Back to News and Events

Sickness Absence

15th April 2019

News : Employment Law

Why is it beneficial for an employer to have a Sick Pay Policy in place?

This provides an employer a platform to specify the process and rules an employee must follow, providing fairness through consistency. It can also provide standards that should be met by an employee and employer.

What should a Sick Pay Policy contain?

All information relating to an employee’s incapacity and sickness absence i.e. any reporting procedures and self-certification, requirements relating to evidence of incapacity or illness, what is expected from an employee whilst they are off work and any details pertinent to statutory sick pay (and company sick pay, if offered).

An employer can also include procedures for monitoring absences which will in turn enable them to identify any problems in the workforce. For example, if the findings show that absence is an issue in one shop on Wednesdays which coincidentally lines up with the mangers rotation to another shop, the management know how to address this issue immediately.

It is also strongly recommended that employers and employees carry out Return to Work Interviews and complete the relevant paperwork. There is evidence to suggest that this may reduce short term absence and in any event this is recommended by ACAS. The sickness policy can highlight when they should be conducted i.e. for absences longer than 3 days or for all absences irrespective of days absent. It may also demonstrate that you have done what is reasonably expected of you as an employer to show that you have not discriminated against anyone with a disability. For example, if you are asking an employee the reason for their absence and whether you can do anything to assist and support them. Their continuous refusal of a return to work interview (which will be documented) may mean that it is much less likely they will be able to subsequently claim that you have failed to make reasonable adjustments and as such discriminated against them on the grounds of disability. The interviews need not be very formal and do not need to be lengthy.

Who Qualifies for Statutory Sick Pay?

It may come as a surprise to many but there is no specific statutory right to absence for an employee who is sick. However, this is usually provided for in the contract of employment and/or the employer’s sickness absence policy. If it’s not expressed as a particular clause in the contract then it may be argued that it is an implied term of the contract that an employee should not be forced to work if they are unfit to do so.

Whilst there is no specific right for entitlement to sick leave, there is however a statutory entitlement to statutory sick pay (SSP), subject to eligibility. An employee, if eligible, can get £92.05 per week  if they’re too ill to work (rate as at the time of writing). This will be paid by the employer for up to 28 weeks.

Eligibility for SSP can be included in the policy as a forum to advise employees. The benefit of this being a non-contractual policy is that it can easily be amended (updated) by an employer. For completeness, the current criteria for eligibility for SSP is:

  • Must fall within the ‘employee’ status and be working for the employer.
  • Illness must last for longer than 4 days in a row.
  • Employee much earn at least £116 per week.
  • Employer must be notified in accordance with the sick pay policy – or within 7 days if there isn’t one.

Is Contractual Sick Pay a Legal Requirement?

Whilst there is no legal entitlement to contractual or company sick pay it is not uncommon for an employee to provide for this in conjunction with statutory sick pay. This is generally down to managerial discretion as to whether this is incorporated into an employee’s contract or a company’s sick pay policy.

If you have any questions about the above or if you need to speak with a member of our specialist employment department then please do not hesitate to get in touch. We can provide bespoke polices to suit your business needs.

It may also be helpful for you to know that we offer HR-assist. This will include your tailored contracts, bespoke policies and any guidance and support for all of your HR needs.

 

 

 

 

Sign up to our eMagazine

@POOLEALCOCK

Our employment law series continues! Today Jamie Riseley takes us through employee holiday entitlement. Essential g… https://t.co/vDShxDED8h

Posted 16th April 2019

@POOLEALCOCK

In this next entry in our continuing employment law series Jamie Riseley explains sickness absence and how you shou… https://t.co/HVjodLWKge

Posted 15th April 2019