Can my employer prevent me from taking time of work for surgery

[c1]

Dear ABers

I am writing this post on behalf of my partner.

My partner has been waiting for non-cosmetic surgery for a while now, he was offered a date in December which is not convenient as we are due to travel a few weeks after and due to the risk of DVT etc this is not a safe option. However, prior to the risks of flying so soon after the op was explained he asked his boss for a period of leave to cover that op date and to allow himself to rest a little. His boss granted the leave reluctantly. Since the leave was granted the risks were explained to him and he has been advised not to have the surgery and travel so soon after.

As a result of this the hospital brought his appointment date forward and have offered him an appointment for next week which would give him enough time to recover and travel as planned. He asked his boss whether he would be prepared to allow him to bring his leave period forward to which his request has been denied. His boss said that although he is sympathetic to his ailment he will not allow him to take time of work and cost the business £1000's in performance. He also said that he has granted him leave over Christmas which he (my partner) isn't prepared to cancel. The leave he is referring to was leave booked months ago and leave which my partner is entitled to take!

What rights does my partner have in terms of employment law, if any? Please help I know its a long one!

(PS. CAB operate on hour a day advice line which i will be calling when the lines are open)

[factor-fiction]

It's always best to find a solution thaat suits both sides, but it's not always possible.
How long does he want off? He could presumably self certify for up to a week or get a doctor's note for longer if necessary. Of course the employer may not like it and can look at capability but if the previous attendance record is good i think that's unlikely

[dotty.]

You haven't mentioned what type of work he does , but if it is retail it's unlikely he'd get time off now and any sickness absence would undoubtedly be considered very very difficult for the store, however, as you say he has already booked leave over christmas i expect it's not a retail job. Short notice leave in any business creates alot of issues, extra expense if they have to pay someone else to work extra to cover paid sickness absence, pressure on work colleagues who have to fill in and cover the absence, it may clash with other employees planned leave which would double pressure on the management and business. I would suggest that unless the op is essential, I would try to take the date back a couple of months and let work have plenty of notice of the date. In law unless it is jury service he company can refuse for reasons of business needs I believe.

[woofgang]

You say the surgery is not cosmetic but is it essential? Would his life or health be affected by a delay. You say you were offered a date which wasn't convenient to you which says to me that there is no urgency and in this case it seems reasonable that the employer should also be able to say that the proposed date is "not convenient" to the firm.
If your partner likes his job and wants to stay there, I would very strongly suggest that you try and sort it out amicably without resorting to "legal rights"

[friedgreentomato]

Would you not have been better of cancelling your travel arrangements claiming on the insurance and having the operation as first notified?

[c1]

Thanks for all your responses.
He does not work in retail. He is in the property industry and they are headed to the quietest time of their season. It is unlikely that my partner would cancel his travel arrangements as this is a well overdue holiday. His op is necessary as it will in the longterm effect his day to day life. This is a difficult situ but like one of you have said it's better to try and arrange a date convenient to both parties.

*sigh*

[woofgang]

Well from what you have said, I infer that his life/health would not be affected by the delay, especially as you are talking about "effect in the long term" TBH I don't think you have much of an argument on your side. With respect, quiet time or no quiet time, the employer is entitled to agree or not agree to his request.

[friedgreentomato]

No offence but,

//It is unlikely that my partner would cancel his travel arrangements as this is a well overdue holiday//

If he is having an operation then that is more important than his holiday!

[c1]

Thanks woofgang

[factor-fiction]

Hi dotty- maybe you are confusing me with buildersmate

[Skyline D]

Tend to agree with others. As an opinion, if the surgery isn't crucial enough that he's prepared to miss his holiday for it I don't see why the employer should have to be inconvenienced for it if they don't want to be. The legals are for tonywiltshire / buildersmate / etc to confirm far better than I though.

[Peter Pedant]

One of my colleagues when he was in training was refused permission of absense for chemotherapy on that occasion,


and the catch phrase grew up: isnt it lucky I only have cancer - I might have had something really serious


Employer, as you might imagine, not amused by this levity


PP

[EDDIE51]

I am somewhat confused here. If the operation is so major that he can not fly several weeks after it , surely he should not work either ?
The only op I have had was for a hernia , but even for that I was signed off work for 6 weeks after it. I did not ask for the time off I was told it was necessary for a full recovery.

[factor-fiction]

I'm little unsure as well. I think the issue may be whether it's an essential op that needs to be done asap or anon-essential one that the employer feels should be done at a more convenient time

[dotty.]

lol @ factor, no I wasn;t confusing you with buildersmate I was wondering if he'd be along and whether you could ease the pain..........lol scuse me OP