is this leagal

[gigglesmycat]

i am off work and have given my boss a official sick note from my doctor.
i am also due to go on some previously booked annual leave in which my boss has told me i will not be able to have becouse i have been of ill.
can my boss do this is it legal?

[padanarm]

You can't be too sick to go to work but well enough to go on holiday. Surely you should remind your boss of the previously agreed annual leave and cancel it. You'll then be able to take the leave later when you return to work.

[gigglesmycat]

I forgot to mention that i am going back to work on the 13th July. The holiday I have booked isn't till the 9th August and this is the holiday that my boss has told me I can not have, due to my sickness recently.

[PeteHull]

You are still entitled to your paid entilement, your employer would have claimed for the sickpay you recieved if any.

If you go off sick you can fill in a self certification which your employer should have, this covers you for one week, if after the first week you are still ill then you need to get a doctors certificate which entitles you to SSP (Statutory Sick Pay) paid through the DSS and comes from the NI (National Insurance) that you pay out of your salary to cover such events.
Don't let them steal your holiday entitlements, speak to CAB (Citizens Advice Beuro) if they persist.

Hth
Pete

[Akakpo]

If the holiday have been agreed upon and approved, then unless it is an emergency, I don't think he can stop you. Maybe work mentioning your line of work

[padanarm]

Sorry giggles, didn't realise that was the situation.

As I understand it, an employer can refuse or change their mind about holiday leave provided they give the appropriate notice. If there's nothing in your terms and conditions, the notice period should be at least twice the length of the period of the holiday.

If you lose money, because you've booked flights or a package holiday, you may in theory claim compensation from the employer.

It might be an idea to contact the ACAS Helpline 08457 47 47 47 (08:00-20:00) for detailed advice.

[The Sherman]

sorry but you definately can be too sick to go to work but still be able to go on holiday!

if you had a flu viruse or cold you should be off work but that wopuldnt stop you going on holiday