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.

Let me get this straight, you have enough money to have a full time gardener but claim you can’t afford to pay SSP?

You don't need to run a business to know what SSP stands for. Have you never been an employee?, never read an employment contract ?

Sorry you can afford to pay someone short term to cover your gardener that has had an accident? I don’t think you want to, you want rid of him and if he’s worked for you for 4 years that’s going to be difficult

So he is your full time employee. What does it say on his contract?

How do you know what we can and can not pay?
You can afford your groceries every week. Could you afford to pay double groceries for ann indefinite period of time?

He could be off for months and no, we can not afford to pay a contractor as well as a full time gardener.

@ohsososo , do you pay him via a payroll company like nanny tax or how do you work out the NI?

I know what SSP is. I don’t know how it works

i dint know if we just reduce the pay to SSP or if there is some protocol to follow. I shall ask ACAS tomorrow

if we could drop his pay to SSP then we could use the balance to pay a contractor to do the basic stuff perhaps.

Nanny tax

Well then I suggest you get your wellies and garden gloves on and do it yourself, while you pay your employee that has been loyal for 4 years what he is entitled to. If he’s so bad why have you kept him for 4 years? You need to be really careful here OP because if he takes you to an employment tribunal you are screwed

You absolutely can get rid if he is not fit to work but please make sure you go by the book and seek the advice of ACAS or an employment lawyer.

You have been employing him full time for 4 years. What agreement do you have in place that governs the terms? Or does he just show up every day for 4 years, you pay and no questions asked or commitments given?

i haven’t said we can’t afford to pay SSP. Of course we can. It would be a whole lot less than we pay him normally.

And you should know what sickness benefit he is entitled to from the contract you gave him, you sound clueless

The more you post the less sympathy I have OP. Please clarify what arrangement and written terms you’ve had in place with this employee who has given you 4 years full time commitment.

That's a bit harsh, just because op can afford a gardener, it doesn't mean she should have to keep shelling out for a problem employee indefinitely. It looks like she has tried to be supportive. OP, what is in his contract?

'Problem employee' you mean someone that is sick. 🙄 And the OP really needs to read the employment contract they agreed to rather than ask mumsnet.

Loyal?

shortly after he was employed by us he lost his license for drink driving thus making a whole chunk of his job impossible. We kept him on because we wanted to help him and we knew he’d never get another job. So yeah. Tell me about loyalty

he has been in and off the alcohol for the 4 years. Each time he has been missing days and doing little work.

he has mental health problems we have tried to help him with because we try to support people who struggle. We allow him time off paid to attend counselling.

he frequently can’t work due to ‘not coping with life’

he has caused an unreasonable about of damage and requires an unreasonable amount of handholding.

we are guilty. Of being way to lenient and trying to work with him and his issues.

this final situation has just been the last straw. So please don’t try to come all the high and mighty with me.

the loyal person in all of this is us.

Did you not read the bit where she says he's missed days because of an addition and they have paid for counselling? This is not the scenario of the absolute ideal employee and a wicked boss.

That’s why I’m suspicious @saveforthat. I keep asking about a contract or written agreement but OP is elusive.

For 4 years full time I would expect a written agreement - including sickness terms - to protect both OP and the employee from being shafted. Since she won’t answer on the contract I suspect she’s been benefitting from a more informal arrangement where the employee has got the shitty end of the stick and can now be shafted over sick pay

Of course. It’s remarkable how quickly the mood changed when I disclosed he was our full time domestic gardener.
it is so predictable.

we have domestic staff therefore we are the baddies. 🙄
fortunately there have been enough helpful posters who have given me the info I asked for. So thank you to them.

A tip for the future when an employee start giving your problems very early on just cut ties. Dithering isn’t helpful for either party. I’ve learnt the hard way

Fair enough OP. But please answer my repeated question about his contract terms.

https://www.gov.uk/au-pairs-employment-law

So why did you carry on with his employment for 4 years?

OP given you are with Nannytax in the morning call them to speak to the HR team, this is what I see on my account

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