Vocational licence suspended
Discussion
I have a moral and financial dilemma.
One of my drivers has been diagnosed with T2 diabetes. As a side effect they are suffering from intermittent blurred vision. They have been signed off work for a number of weeks by their GP.
As a taxi driver, they are obliged by their licence conditions to inform the local authority. Generally what happens is they suspend their badge until they are fit to drive again (if ever).
This driver is employed by my business, full PAYE, pension, sick pay, the whole nine yards. They have been employed by us for 11 months. Currently they are being paid sick pay.
My question is, what happens if their licence is suspended? Do I keep a driver on sick pay indefinitely when they are unable to drive - obviously critical to their job? What if they are never passed fit to drive again, or for months and months?
Obviously I want to do the right thing, but I have no other jobs they can do, and I can't keep a non driver on as a driver. What are my options?
One of my drivers has been diagnosed with T2 diabetes. As a side effect they are suffering from intermittent blurred vision. They have been signed off work for a number of weeks by their GP.
As a taxi driver, they are obliged by their licence conditions to inform the local authority. Generally what happens is they suspend their badge until they are fit to drive again (if ever).
This driver is employed by my business, full PAYE, pension, sick pay, the whole nine yards. They have been employed by us for 11 months. Currently they are being paid sick pay.
My question is, what happens if their licence is suspended? Do I keep a driver on sick pay indefinitely when they are unable to drive - obviously critical to their job? What if they are never passed fit to drive again, or for months and months?
Obviously I want to do the right thing, but I have no other jobs they can do, and I can't keep a non driver on as a driver. What are my options?
Don't sweat this
Statutory Sick Pay, then claim back from Government
Whilst you want to be a good boss/person, your company probably can't support a non-productive member of staff
If you're feeling benevolent, have him in the yard washing cars for a bit
Sounds harsh, but you have to keep the business running
Statutory Sick Pay, then claim back from Government
Whilst you want to be a good boss/person, your company probably can't support a non-productive member of staff
If you're feeling benevolent, have him in the yard washing cars for a bit
Sounds harsh, but you have to keep the business running
What is their contractual entitlement to sick pay?
Normally it would specify a certain number of weeks on full or part pay before dropping to Statutory Sick Pay, so you either stick to that or exceed it if you can and want to.
If it’s not specified then that’s a mistake, and you’ll need to decide what to do, but be careful paying less than what has been customarily done for other workers.
As an alternative, is there another role they can cover while unable to drive? It might not be ideal but is better than getting no work done.
Normally it would specify a certain number of weeks on full or part pay before dropping to Statutory Sick Pay, so you either stick to that or exceed it if you can and want to.
If it’s not specified then that’s a mistake, and you’ll need to decide what to do, but be careful paying less than what has been customarily done for other workers.
As an alternative, is there another role they can cover while unable to drive? It might not be ideal but is better than getting no work done.
Pretty much as above really. In my past life this was a fairly common issue with staff, hopefully you have a proper contract in place which details sick pay.
A usual sick pay scheme for a good company is full pay for a while dropping down to SSP either gradually or in steps and quickly or slowly. Sometimes first few days off sick not paid.
What pretty much no company has in place though is a permanent sick pay. It's also quite common for full benefits like this not to come in to play for a while after employment, 11 months you say, that suggests full benefits either from start or after 3/6 months. That's quite quick. Presumably they are still in probationary period........
I'm drawing a lot of conclusions here, but from the questions your asking I suspect you aren't that clued up on employment law and there may not be a contract in place. Taking advice from on here leaves you open to future issues too, my advice for instance is based on experience but also subject to memory lapses as it was a few years back.
A few quid spent with an employment specialist to produce proper contracts and put an employment handbook together with probationary periods, sick/holiday/maternity etc. All laid out clearly as well as disciplinary procedures can save you a lot of money if it all goes wrong. Plus staff know what their responsibilities to you are and where the boundaries are.
A usual sick pay scheme for a good company is full pay for a while dropping down to SSP either gradually or in steps and quickly or slowly. Sometimes first few days off sick not paid.
What pretty much no company has in place though is a permanent sick pay. It's also quite common for full benefits like this not to come in to play for a while after employment, 11 months you say, that suggests full benefits either from start or after 3/6 months. That's quite quick. Presumably they are still in probationary period........
I'm drawing a lot of conclusions here, but from the questions your asking I suspect you aren't that clued up on employment law and there may not be a contract in place. Taking advice from on here leaves you open to future issues too, my advice for instance is based on experience but also subject to memory lapses as it was a few years back.
A few quid spent with an employment specialist to produce proper contracts and put an employment handbook together with probationary periods, sick/holiday/maternity etc. All laid out clearly as well as disciplinary procedures can save you a lot of money if it all goes wrong. Plus staff know what their responsibilities to you are and where the boundaries are.
There is a contract in place. We don't pay sick pay other than SSP which is clear in the contract. Hours of work, notice periods, holiday entitlement, etc are all comprehensively covered.
I'm asking the question because it's unfamiliar territory for me. I've laid out the facts as they are, but there is no other work for them to do. Since Covid we have cut back on staff. Natural wastage, staff left and we have not replaced them unless we have no choice.
I'm asking the question because it's unfamiliar territory for me. I've laid out the facts as they are, but there is no other work for them to do. Since Covid we have cut back on staff. Natural wastage, staff left and we have not replaced them unless we have no choice.
Tyre Smoke said:
That's the crux of it I suppose. If the driver is off for a substantial period of time, then there has to come a point where we part company. Just when and how do you define that point?
I guess you need a conversation with him about how his Diabetes is being treated. If he's just been diagnosed, then its likely that the blurred vision is caused by temporary high sugar levels and that any treatment, either diet or tablets, will sort out blurred vision quite quickly, and keep it controlled. Type 2 is not like Type 1 where there is a risk of hypo's and blackouts during driving, but obviously there will be different rules for professional drivers than normal driving, where Type 2 would not stop you driving at all unless symptoms become very serious. If he's had type 2 for a while and its retinopathy causing the sight loss, then that's more long term/permanent but there are treatments available for that too.If you have 26 weeks of SSP, I'd expect his blurred vision to be sorted well within that, unless he has actually had Type 2 for years and its all coming to a head now. Only him and his Dr would know, and he doesn't have to discuss it with his employer if he doesn't want to, but if he doesn't, then he risks being dismissed on capacity grounds. Presumably DVLA would send him for an eye test to confirm he is ok to drive again once the Dr says he can, that's the procedure for non-professionals who have to stop driving due to diabetes induced retinopathy and have it treated subsequently.
Tyre Smoke said:
That's the crux of it I suppose. If the driver is off for a substantial period of time, then there has to come a point where we part company. Just when and how do you define that point?
When it's clear there is no possibility of him returning to his job?In the long run, what this former driver needs is a new career compatible with his medical status.
Anything you can do to facilitate that might be good.
Term starts September if there's retraining to be done.
Are you in the FSB or similar, I think they can give good advice?
Was in the FSB a long time ago. Felt it was (and is) a waste of money (local to me anyway).
I have a slight niggle in the back of my mind that they threatened their former employer with a tribunal for unfair dismissal and won a wedge of money in an out of court settlement. Part if me (the cynical part) tells me they are going to milk this for a while while they have a chunk of cash to live off and the weather is nice. The rational side of me says it's costing me very little at the moment, just accrued holiday, so see how it pans out.
I have a slight niggle in the back of my mind that they threatened their former employer with a tribunal for unfair dismissal and won a wedge of money in an out of court settlement. Part if me (the cynical part) tells me they are going to milk this for a while while they have a chunk of cash to live off and the weather is nice. The rational side of me says it's costing me very little at the moment, just accrued holiday, so see how it pans out.
Tyre Smoke said:
Was in the FSB a long time ago. Felt it was (and is) a waste of money (local to me anyway).
I have a slight niggle in the back of my mind that they threatened their former employer with a tribunal for unfair dismissal and won a wedge of money in an out of court settlement. Part if me (the cynical part) tells me they are going to milk this for a while while they have a chunk of cash to live off and the weather is nice. The rational side of me says it's costing me very little at the moment, just accrued holiday, so see how it pans out.
Personally in your position, I'd be very careful, pay for advice even.I have a slight niggle in the back of my mind that they threatened their former employer with a tribunal for unfair dismissal and won a wedge of money in an out of court settlement. Part if me (the cynical part) tells me they are going to milk this for a while while they have a chunk of cash to live off and the weather is nice. The rational side of me says it's costing me very little at the moment, just accrued holiday, so see how it pans out.
It is very wise to be cautious regarding this, as you are, and really sensible to get proper advice.
My understanding is that diabetes is termed as a "unseen disability" under the Equality Act. It has been tested in Employment Tribunal and Employment Appeal Tribunal, however I am sure that there are many nuances to those tests.
My understanding is that diabetes is termed as a "unseen disability" under the Equality Act. It has been tested in Employment Tribunal and Employment Appeal Tribunal, however I am sure that there are many nuances to those tests.
Tyre Smoke said:
That's the crux of it I suppose. If the driver is off for a substantial period of time, then there has to come a point where we part company. Just when and how do you define that point?
By taking legal advice from HR professionals. It’s the safest way to avoid an expensive tribunal. It does sound like there’s a good chance he’ll be back to normal before it gets to that point though.
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