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Old 16-07-2003, 15:50   #16
iadom
Oh Lanky Lanky.
 
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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.
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