How long does a very small business need to keep someone signed off employed?

[ohsososo]

I mean very small business. As in one employee. They are signed off due to a car accident. It’s been 6 weeks and there is no sign of them being able to return. I have no experience of running a business. I just employ one person in a role that needs doing.

I can’t afford to pay a short term person to cover as well as pay the signed off person indefinitely.

is there government support I could get? What is SSP? Do I claim something back? Surely if there has to be a point where it’s determined I can let them go.

I’m not some awful person. I’ve already put up with so much. Missed days due to an addiction. Give them paid time off weekly to attend counselling. I’ve been really supportive but it’s become untenable.

What does their contract say?

For example, mine says I get X number of weeks on full pay, X number on half, before moving to SSP.

Seriously OP you should not be taking on employees if you don't even know the basics...

You should have given the employee a contract when they started their job and the contract should state the sick pay amount that your employee will receive and how long for before they go on SSP.

I can't believe you've asked what SSP is??

OP how long have you employed them? If less than 2 years you can get rid of them fairly easily.
Next time remember you're running a business not a charity, don't employ someone with addiction issues, needing time off for trivial shite they should arrange in their own time etc.
Toughen up or your next employee will walk all over you too.

You must have given them a contract? As pp have already said, this should cover sick pay. If the contract is silent on sick pay, you don't have to pay anything at all. I believe you can reclaim SSP but please look at gov.uk or take professional advice.

SSP is currently £118.75 per week. Do they have a contract?

If not (and it’s a legal requirement to provide one) they’re only entitled to SSP for up to 28 weeks. You can’t reclaim it unfortunately, it’s a cost you’re expected to absorb.

I would really recommend getting to grips with basic employment law if you employ staff. You can potentially dismiss after following the correct procedures for long term absences, but it can be a minefield if disability is involved, so you’d likely need specialist advice.

https://www.gov.uk/employers-sick-pay

As a small business I think you get some help from the govt to pay this (though I'm not up on the current details). Generally the gov.uk websites and HMRC websites are very helpful. Make sure you are claiming your employers allowance too (this will cover a good chunk of your employers NI liability).

I recommend joining the FSB (Federation of Small Businesses) - couple of hundred quid a year for membership, but gives you lots of access to template documents, employment practice advice and basic legal advice.

ACAS website also usually good on fair/good employment practice.

Sorry, just noticed the percentage threshold scheme has been abolished.

First stop is the contract. Assuming you are in England (I don’t know if the law is different even elsewhere in the UK.) Try ACAS but you need to properly learn about employment law rights to be an employer. 2 year rule will generally mean no unfair dismissal claim.

However make sure that you follow procedures. Addiction is excluded as a disability from the Equality Acf, however if for instance the employee has depression as a separate diagnosis that can be a disability and so more protected from day 1

It’s not a business as such. He is our full time gardener.

Surely I’m not obliged to keep on my gardener for 28 weeks if he can’t work.

We didn’t know he had addiction issues when we hired him. He’s our full time gardener

Sack him - unless he's been there 2 years already.

He’s our full time gardener. It’s not as if we run a business as such. And no. We’ve never had to deal with anything like this before. I doubt most people who have a full time housekeeper or gardener know employment law

Nearly 4 years. 4 years of one problem after another.

Sorry I said small business. I was trying to keep it vague. But it obviously created a picture that wasn’t very helpful. My apologies

Ah then that makes things more complicated and you'll have to go through a formal process. ACAS are good - they are not just there for the employee.

You don’t pay them surely while on sick leave except for the sap (if you have them on payroll that is?? Or does he invoice you?

I only get 14 days paid sick everything else is unpaid !!

Do you pay national insurance etc? Is he an independent contractor? You haven’t answered about the contract. I worked full time fur a company but was independent I had no benefits at all.

Do you pay him holiday pay and Employer's National Insurance? If not he might be an independent contractor.
ACAS will advise you

After 28 days you can start the process of letting him go anyway. Household employees are slightly different and easier to handle actually.

first stage is to write saying you are terminating his employment as he is unable to perform the role you employ him for. Look at Acas or similar to the correct wording

Yes. We pay NI. He is our employee full time.

But isn’t different if he is unable due to being signed off by a doctor?

do you know where I would look for the rules regarding domestic employees?

Yes. We pay NI and holiday pay. He is def an employee

Thank you. I will contact them tomorrow for advice.

we always try to be do everything in our power to be accommodating but it’s honestly been 4 years of problems. I’m just exhausted.