Worked examples on dismissal due to long-term incapacity and payment during notice period
HR & Compliance Centre provides four worked examples giving guidance on payment during an employee's notice period when an employee is being dismissed due to long-term incapacity.
- Termination of employment due to long-term incapacity and payment for notice period worked examples Each example considers how the length of an employee's contractual notice affects his or her entitlement to be paid during the notice period when sick pay has been exhausted.
Also
An employee who has exhausted his entitlement to contractual sick pay, and who remains on unpaid sick leave until dismissal may not be entitled to payment during his notice period. Payment during this period is dependent on the length of the employee's contractual notice period. See Scotts Company (UK) Ltd v Budd [2003] IRLR 145 EAT.
XpertHR's model policies and documents section provides a model letter ending an employee's employment due to long-term sickness absence and a long-term sickness absence policy together with relevant legal guidance which should be considered when contemplating termination on the ground of long term incapacity.
Dealing with malingerers David Mills, of Mills & Reeve, looks at sickness absences which may not be genuine and considers how to deal with suspected malingerers.
