Newsletter

October 2008

STOP PRESS!

13 October 2008

Agencies: VAT On Wages

As of 6 April 2009 there will be a change in legislation:

If you are an agency and pay your staff by charging VAT on the margin over the staff costs the rules change next year and could have a big effect on your business model.

YOU NEED TO TAKE ADVICE!

Get a Sick Note!

All sick notes state the reason for your absence from work and the length of time you are expected to be off work. The doctor will normally give you a sick note when you are seen with an illness requiring more than a week off work. In some circumstances a sick note may be collected from the surgery without seeing the doctor.

The First Week

If you are off work for up to one week (7 days) you do not need a sick note but you do need to inform your employer.

This means you can either write a letter to your employer or, if you prefer, there is a form called a Statutory Sick Pay Form or Employees Statement of Sickness (Form SC2). You can collect one from your doctor’s surgery or download a copy if they have a website.

Complete the form and hand it to your employer.

Unfortunately some employers are insisting on a doctor’s note for less than one week’s absence. If you need a sick note in these circumstances the doctor will charge a fee for a private certificate.

After One Week

Once you have been off sick for more than one week you may be required to obtain a sick note from the doctor.

If you have had no contact with a doctor you will need to make an appointment or speak to one of the doctors on the telephone in order to arrange a sick note. This is important as it is not possible to backdate a sick note if you have not already been seen with the condition causing you sickness absence.

If you have a continuing problem, and your doctor has evidence that you are still unfit for work, then it may not be necessary for you to see the doctor. It is always best to ring your surgery for guidance.

During a stay in hospital the Ward will provide you with a sick note. They should also include any period necessary after you leave hospital. If necessary, this can be extended by your GP when you return home, without necessarily needing to see you, although the doctor will need a letter or written report from hospital.

In general sick notes that are provided on the basis of another doctor’s advice can only be given for up to a maximum of 4 weeks sickness absence. When the sick note is due for renewal a review is necessary unless there is further correspondence from the hospital about the condition causing your absence.

Back-dating

It is possible for a sick note to be back-dated if you are currently off sick so you do not need to be seen urgently or on the day that your sick note expires or is due to be issued. It can be issued at a later date and backdated at the doctor’s discretion providing you have previously seen or spoken to the doctor about your illness. If you are not certain that the doctor has evidence that you are ill, it is best to see or speak to a doctor as the doctor will need to document that you are ill before a sick note can be provided.

Private Certificates

Sick notes from the doctor are normally free of charge. However, if you require a private certificate or you require a doctor’s sick note and have been absent from work for less than 7 days there is a charge.

Disclaimer - for information of users

This summary is published for information only. It provides only an overview and no action should be taken without consulting the detailed legislation or seeking professional advice. Therefore no responsibility for loss occasioned by any person acting or refraining from action as a result of the material contained in this summary can be accepted by the authors or the firm.

Please do not hesitate to contact us if you would like further advice.

This newsletter deals with a number of topics which, it is hoped, will be of general interest. In the space available, however, it is impossible to mention all the points which may be relevant in individual cases so please contact us for personal advice on your own affairs.

I am always pleased to offer an initial free hour's consultation, my main objective being to ensure that we achieve YOUR objective. Ring Tricia on 01434 606624