Really, REALLY difficult employees

Dealing with really, I mean REALLY problematic employees are where we shine the most. We recently successfully defended a company client against a claim for unfair deduction from wages. Seems like a small matter – it wasn’t. This was the first part of a mammoth claim. THE PROBLEM: Our company client sent the employee home after she provided a fit note confirming she may be fit for work but within the note, certain conditions and adjustments that were suggested could not be fully met. When the employee returned to work, she was visibly unwell and there were other suggestions of a potentially catastrophic episode. THE ACTION: All aspects taken together including the fact the recommended adjustments were not possible led to her being required - against her wishes - to remain on sick leave until a further assessment of her health could be undertaken. And this is the key: while on sick leave, the employee was paid Statutory Sick Pay. She lodged a claim at court saying that it was incorrect for her employers to send her home in these circumstances and that paying her SSP amounted to an unlawful deduction from her normal pay. What do you think happened next…? THE OUTCOME: We won. We were able to successfully show that law and process had been correctly applied and her claim failed. But that was not the real win. WHY IT MATTERS: Real wins – the true benefits in law are mostly invisible. We knew this was the tip of the iceberg (literally) and winning this claim meant the gargantuan claim to follow was withdrawn. That unmeasured benefit is priceless. Standing your ground as an employer is important because the whole company is watching you. If weakness is detected, not only would this employee have brought her further claim, but so often I have seen how paying off too readily can lead to a flood of speculative claims from other employees – and no employer wants that do they…