IVE GOT TO HAVE A LITTLE OPERATION ON THE 27TH JULY WHICH I ONLY RECEIVED THE LETTER TODAY FROM THE HOSPITAL.AND WILL NEED 1 WEEK OFF SICK TO RECOVER. I HAVE ALSO BOOKED 2 WEEKS HOLS WHICH I BOOKED ON THE 5TH FEB. THE PROBLEM IS MY SICK NOTE WOULD RUN OUT ON 3RD OF AUG AND THEM MY 2 WEEK HOLIDAY WOULD START ON THE 6TH BUT MY MANAGER SAID I COULDNT TAKE 3 WEEKS OFF. SHE HAS TOLD ME TO HAVE THE WEEK SICK AND JUST TAKE 1 WEEK HOLS. PLEASE WHERE DO I STAND?
Province/Country relating to question: ENGLAND
I HAVE EXPLAINED TO MY MANAGER THAT MY HOLS WHERE BOOKED IN FEB AND I ONLY RECEIVED THE LETTER FROM THE HOSPITAL TODAY.
HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.Do they confirm you will need a week off to recover?
Hello and thank you for your question, which I will be happy to assist you with. My colleague asked me to look at this as its more my area of law. Please let me know how long you have worked there?
I have worked there for about 6 years,
You will certainly have rights in this case. If your holiday was pre booked and formally approved by your employer then they can't really go back on that and cancel it. The fact the you have been off sick just before that should not change anything. This time should not be treated as time off by your employer as it was not planned or unauthorised and it is genuine time off due tao sickness. As such, it should not be taken into account when considering how much time you have had off in terms of holidays. Sickness and holidays are separate issues. Therefore you should not be penalised in terms of holidays if you have been off sick and can provide proof that it was genuine sickness. You are entitled to take the pre booked holidays you have been granted as it is now too late for the employer to cancel these. The problem may be if the employer treats this as unauthorised time off work and then take disciplinary action. It's a possibility and can't be prevented if the employer is intent on doing it but you can challenge it and even raise a formal grievance if necessary. IMPORTANT: As professionals on this site, it is extremely important that our customers rate the service we provide. This only takes a few seconds and your question will NOT close. I would therefore be grateful if you could please choose one of the following options: OK Service, Good Service or Excellent Service. If you feel the need to leave a lower rating, please reply to me first with any further questions you have. I will be happy to assist further and clarify anything you need me to before you go on to leave your rating. Thank you
Expert in UK Employment Law
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