Replacing Someone On Sick Leave

[sallyann16]

My mum runs a small kennel employing two staff who work on alternate days.

One of the staff has had a lot of days off sick over crucial periods - i.e. when my mum is going to an important dog show, causing my mum to miss the show.

The second staff member covers for his colleague but is increasingly tired of not having any time off due to having to cover.

Can my mum find a replacement for the staff member who is off sick a lot? She started in the job in February 2016.

[Jackdaw33]

Under two years' employment you can be dismissed without reason.

[fiction-factory]

Yes. She can just dismiss her for this reason as the employee has not been there 2 years. It's always better though to have a formal system in place whereby warnings are given about unacceptable levels absence so that staff who have been there longer can be dismissed properly on capability grounds

[chelle7272]

Yes as she has been there less than 2 years but she may want to be careful around the reasons if it is due to sick elave.
Some advice here
http://www.masonbullock.co.uk/two-years/

[fiction-factory]

Yes, agree with chelle if the reasons are due to disability or pregnancy then you may need to think carefully about the reason that is given for dismissal. You would need to pay up any notice period and sort out outstanding holidays too

[sallyann16]

Thank you very much, everyone. My mum is very reluctant to dismiss someone who is not well, but in such a small business it is vital that there is cover. It is good to know that she would legally be fine to dismiss her if this carries on.

[thugulike]

If the discipline and grievance policy is within the contract of employment then you would need to have a formal procedure which in this case would be a dismissal for lack of capability due to ill health. Need to make sure there is no underlying disability. If the D&G is outwith the contract then you can just dismiss giving 1 weeks statutory notice (unless the contractual notice is more which I doubt). Beware of disability discrimination as the employee needs no service to make a claim to Employment Tribunal