BUSINESS BRIEF.
BETTER SAFE THAN SORRY WORKING WITH HORSES IS INHERENTLY HAZARDOUS, SO IT’S IMPORTANT FOR RIDERS AND GROOMS AND THOSE EMPLOYING THEM TO KNOW THE LAW CONCERNING SICK PAY AND RETURNING TO WORK. IT ALSO MAKES SENSE FOR
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BOTH PARTIES TO HAVE ADEQUATE INSURANCE COVER.
t one time or another, most employers in the equestrian world will face an issue concerning the illness of an employee, which might be complicated by the fact that they are selfemployed. The time might also come when the usiness needs to let staff go.
LEGAL MATTERS
GUY HOLLEBON OF HARRISON CLARK RICKERBYS Are businesses required to offer sick pay? Employers must pay Statutory Sick Pay (SSP) which entitles an employee to £95.85 a week and can be paid for up to 28 weeks.
ALL GROOMS WHETHER THEY ARE IN FULL-TIME EMPLOYMENT OR FREELANCE SHOULD CONSIDER PERSONAL ACCIDENT INSURANCE
What support is available if you are self-employed but unable to work due to sickness? SSP is only available to employees but if someone is genuinely self-employed, they may be entitled to Employment Support Allowance. What are the employee’s rights if they are no longer able to carry out their role – for example, breaking and schooling young horses – due to sickness or injury? Inability to undertake the role they were employed to do can be a fair basis to dismiss an employee. Much will depend on whether the employee meets the de nition of disa ility under the Equality Act 2010. If they do, they will be protected from less favourable treatment because of their disability and the employer may have to make reasonable adjustments which could include altering job duties. Even if not disabled, an employee with more than two years’ service has the right not to be unfairly dismissed and an employer
will need to consider when an employee is likely to return and whether any alternative employment may be available. An employee who is not disabled and has less than two years’ service can be dismissed without following any prior process, provided that they are given the correct period of notice under their contract. What are the employee’s rights if a business or sector becomes no longer viable? If a business is no longer viable and closes entirely then there will be a redundancy situation all staff will e entitled to their correct notice period and employees with over two years’ service will also be entitled to a redundancy payment. If the employer is insolvent and cannot pay these sums, employees can recover some or all of the money from the government insolvency fund. If a part of the business is no longer viable but other parts continue, the employer may need to consider whether alternative employment in the continuing parts of the business is available as an alternative to redundancy. BRITISH DRESSAGE // Issue 3 2021 // 47
