The questions we get asked most

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    {
      "@type": "Question",
      "name": "Can you discipline someone who is off sick?",
      "acceptedAnswer": {
        "@type": "Answer",
        "text": "Yes, but it can be tricky and needs their agreement. The fit note allows them not to be available for meetings, however you can offer them the alternative of sending in written representation instead of appearing in person."
      }
    },
    {
      "@type": "Question",
      "name": "Can you dismiss an employee who is genuinely off sick?",
      "acceptedAnswer": {
        "@type": "Answer",
        "text": "Yes, providing you follow a fair process, dismissal for capability due to ill-health is a lawful \"fair reason\" for dismissing an employee. If the employee is never going to be able to return to work, it is not reasonable to expect you to keep their job open forever and therefore under these circumstances you could consider dismissal."
      }
    },
    {
      "@type": "Question",
      "name": "Are you allowed to contact employees when they are off sick?",
      "acceptedAnswer": {
        "@type": "Answer",
        "text": "Yes, and it is recommended that you do keep in contact with them whilst they are off to keep all channels of communication open."
      }
    },
    {
      "@type": "Question",
      "name": "Does an employee who is on long-term sick lose their holiday as our new holiday year has started?",
      "acceptedAnswer": {
        "@type": "Answer",
        "text": "No, they are entitled to carry forward the statutory 4 weeks' holiday."
      }
    },
    {
      "@type": "Question",
      "name": "Does an employee accrue holiday whilst they are on maternity leave?",
      "acceptedAnswer": {
        "@type": "Answer",
        "text": "Yes, they accrue their full entitlement, including bank holidays."
      }
    },
    {
      "@type": "Question",
      "name": "Does an employee lose their holiday if they are ill during their holiday leave?",
      "acceptedAnswer": {
        "@type": "Answer",
        "text": "Not necessarily. If an employee falls ill just before or while on their leave, then they are entitled to take sick leave and keep their holiday entitlement for another time providing they follow your absence procedure. If holiday is converted to sick leave, then your employees will only be paid in accordance with your organisation's sick rules and they need to understand that this could reduce their income over this time, particularly if you only pay SSP."
      }
    },
    {
      "@type": "Question",
      "name": "Is it true that an employee can only be accompanied by a trade union official for formal meetings if the employer recognises the relevant union?",
      "acceptedAnswer": {
        "@type": "Answer",
        "text": "No, employees have a statutory right to be accompanied by a work colleague or trade union official if they wish. Any employee has a right to join a union and the employer doesn't have to recognise that union for them to be accompanied at formal meetings."
      }
    },
    {
      "@type": "Question",
      "name": "Can you give a 'bad' reference?",
      "acceptedAnswer": {
        "@type": "Answer",
        "text": "Yes, but only a factually correct one. For example, if a previous employee was under-performing and you followed a fair process to issue a written warning, or you dismissed them for reasons relating to gross misconduct, then you can include this in a reference."
      }
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