Any Employment Lawyers Help With A Playgroup Staffing Issue?

[FIMBO]

I am a committee member of a playgroup. We have a member of staff who is terminally ill. Unfortunately her work is suffering because of her illness and means the other staff who are on duty are having to cover for her. The playgroup is currently running at a loss and can't afford to employ another member of staff on the days this lady works. I know we can't simply make her redundant but is there anything else we can do?

have you checked out what the contract says about sickness ?

A very sad situation. In the meantime can you do an extra parent rota or something like that to help cover. If you explain to parents I would guess a few at least would be willing to help out.

Are you paying NI contributions for her - would have thought you could claim back any sick pay you give her so she shouldn't be costing you anything as such, which leave you free to spend the money on another employee

Will have a look. It is very sad and needs to be handled with extreme sensitivity. I have been helping out. I was in the kitchen today and had to come through to the hall as a little girl was crying because she had hurt her finger. The staff member concerned just ignored her.

We have real problems trying to get parents to do a normal helping session, many of them feel they are paying so therefore why should they help out. We have no parent helpers at all for a few December sessions.

Do check contract for what it says about sickness - if she cannot do her job properly because of illness then it is better for her and you if she is not there. You will then probably have to pay SSP, which you can claim back or, if her hours have not been enough to qualify for claiming back SSP , she will be entitled to Incapacity benefit if she canot work. The IR website will have numbers for you to call to ask advice.

I know that sounds a bit harsh - but you do have to tread that really difficult line between being a good employer and friend to this person, and ensuring that your not-for-profit organisation doesn't fold therefore causing hardship to everyone else.

I'm not a lawyer btw - just chair of a pre-school who had a similar problem (fortunately ours was back pain rather than terminal illness)

Thank you Prufrock. I will dig the contract out and have a look at the IR site. I think the job is very draining for her, it drains me after one session and I am in full health. I feel very sorry for her.

with the parent help thing - have a meeting with all the parents and explain how the fincances work and why it is important to the success of the playgroup that they help out. Point out you are a no-profit making charity, and that nurseries charge more for a reason.

Many parents seem to not realise all of that - it is useful to point it out to them sometimes.

Throckenholt, we have tried that before and most of them refused to attend the meeting!

I am waiting for my CRB check to come through but I think I will offer to help out one day a week on a permanent voluntary basis until we can sort something else out.

I have just phoned DH who is a lawyer (not employment unfortunately) but he is going to look at the contract and try and get me some more information.

Thanks all.

send out a letter then - tell them they are in danger of the playgroup folding unless they do their share. When they realise the potential impact on themselves they might change their tune.

It is a pretty thankless task trying to run a playgroup, in my experience. So many people look on it as childcare, a cheap nursery, and not aa a part-time social activity for the kids.

Could you not just put the fees up ?At our playgroup we try not to use parent helpers as real helpers but as extras - does that make sense - we can run perfectly well without them but they are nice to have - and also go for paid staff. Parent volunteers just tend not to be reliable enough.

Also what are your reserves like and how do you top them up ? We have run at a loss for the last 2 years (£2000) but take it from reserves and top up with the summer fund raising ball. Means we can provide the 1-2-1 help that some of the children need, but who aren't considered to have bad enough needs to get any extra funding. We are planning to put fees up from September, but expect the fees incoming v. outgoings will only balance for a short time.

Can you get some students (doing their childcare NVQ)in for work experience? They used to come in free at our playgroup

go very carefully - it is almost certain that your employee is covered by the disability discrimination act where standards for employers are v high and compensation is unlimited. I wonder why your employee is coming in - does she need the money or is it about routine and normality? If you understand her motivation for coming in you might be able to find a way forward. You can agree a termination by mutual agreement under something called a "compromise agreement" if you can afford to pay a lump sum and some legal fees. if you feel it is necessary you can insist she is signed off if she really isn't fit for work - don't know what your sick pay arrangements are but this might allow you to get some interim cover? let me know if you want to discuss further

Thanks everyone. I received word this morning that she is resigning at the end of this term. Thank you all for your input it has been really helpful.