This week’s most common queries answered

The business world stops for no one. New challenges face employers every day, and it’s why we offer free advice like this to you.

For answers to the most common questions we’ve heard this week, scroll down to get started…

When do I have to pay sick pay to my staff?

As long as they qualify, you pay Statutory Sick Pay (SSP) to employees off sick for four or more days.

Don’t pay SSP for the first three working days lost to sickness; pay it from the fourth sick day onwards (up to a maximum of 28 weeks).

But if an employee was off sick within the last 56 days and goes off sick again, you treat the absences as ‘linked’. So this time, you do pay SSP for the first three sick days.

I worry that staff will one day leave and set up in competition with me. Is there anything I can do?

The good news is that yes, you can. Include what’s called a ‘restrictive covenant’ in your employees’ contracts to limit what they can do once they leave.

So, it’s quite common to include covenants to stop people setting up in competition, and it’s better to cover a ‘reasonable’ geographical area to stop it happening nearby.

‘Reasonableness’ depends on your type of business and the employee’s role, but you can’t just say a vast area like the entire UK—people still have to work when they move on.

My new employee is pregnant but didn’t tell me when I took her on. What can I do?

First, congratulate her. It may surprise you to know that a disgruntled reply or a “why didn’t you tell me?” could lead to a pregnancy discrimination claim.

So, even though she’s new, as long as she gives you the right notice she can take Statutory Maternity Leave—yet there’s still a positive side to that for your business.

You won’t have to pay any Statutory Maternity Pay because she hasn’t worked long enough to qualify for it.

Employers Direct’s team of qualified legal experts are here to solve your staff management problems. Call free and in confidence today on 0800 144 4050

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