This is the reply from my daughter, and I must state that this is completely off the record.

To be honest most employment law is aimed at the employer itself rather than at what the employee can/can't do - that is generally governed by policies at work. This guy should have a look at his sickness procedure and also disciplinary and grievance procedures to see whether him going on holiday whilst off sick constitutes can lead to disciplinary proceedings (it does at a lot of companies). Basically if his working policy says he shouldn't do it and will be subject to disciplinary hearing he may therefore want to offer to give up some of his holiday entitlement to prevent his employer saying it was misconduct. I think they can demand he do it if its in their policy and is fair (which I think it is) and it would probably be seen as reasonable by a court if they disciplined him for it too although unlikely to be fair to dismiss him for it if it was his first offence.

HTH,
Jim.

OK thankyou 9& her) Iadom, although her reply does look more like its something to do with him being disciplined (he's not) it does appear to be a Grey area where the employer can do what they want.

Not seeing it in the handed out company policies does not nessasarily mean they do not have a policy on it. Just that we do not get to know about it until its called for. (or they make it up).

Cheers.

The whole thing seems a bit tight. I've known people who were due to go on holiday, got sick and cancelled the holiday (travel insurance and all that) and the firm allowed them to take what should have been holiday as sick.

As I said get the doctor to write a note stating a holiday would be good for the symptoms watch them drop the arguement quickly.

HE has decided to let the matter drop, he had a holiday after all.
If he was to press it he might lose some of the other priveledges he enjoys, like coming in late after dropping kids off at train station etc.

Despite it being against the law for a company to claim sick pay at the same time a person is being paid for being on paid holiday
which is what they will be doing. Apparently it has been a point agued about before, but was also dropped to prevent other things not being stopped. Anything for an easy life, heck if the company want to break the law who are we to stop them.

Incidentally, his right to do this is guaranteed by European law, it's not a 'privilege' bestowed by a gracious employer.

Don't suppose you want to name and shame these cowboys do you?

(No, I didn't think so...) ;)

His right to come in late is guaranteed by European Law??? That's a new one to me...

Once this has been properly recorded in the payroll system the SSP claim will be backed out.

Also if the eer is big enough they don't get as much help with SSp/SMP and the like

Actually its UK law.

EMPLOYMENT ACT 2002

Implementing a load of european directives.

http://www.dti.gov.uk/er/employ/index.htm#Flexibility

under the heading "Facilitate flexible working "

As long as one child is under 6.

Its not a right to come in late, its a right to flexible working. If that means arriving late so you can drop the kids off and your partner leaving early (and arriving early) so they can collect them then so be it.

Sounds good to me. Mind you, I can pretty much come and go as I please anyway.

So says your sig!

:LOL:

No I'd rather not name them....lol

Neither are his kids under 6, more like 18... but thats another story.
Coming in late & leaving late is an "arrangement" & he does not want to jeopardise that. Still, he knows better now and next time he won't be ringing personnel up to tell them he's going on Holiday while he is booked off sick.
I thinks he has learnt his lesson and should keep his gob shut next time...:D