Hospital appointments where taken as sick days

[the_d_man]

recently the receptionists who use to do the holidays has left, and she always use to make my hospital appointments as sick days I have to visit the hospital once year for a check up on a previous medical condition i had many years ago. so these check are important.

But now the new person (but not new to the company) is not counting my hospital days as sick days.

I am aware hospital appointments cannot be taken as sick days only if the company agrees to it, but i have been doing this for 5 years now without anyone complaining about my hospital appointment.

Is there a way i can approach this with my manager without losing my holiday? I work full time mon-fri

I would like to reclaim my one day holiday back.....

[Johnboy007]

Re: Hospital appointments where taken as sick days

Post deleted. Double posted comments

[Johnboy007]

Re: Hospital appointments where taken as sick days

Hi,
If you can prove what you say, then you have a case.
As a' now retired Senior shop Steward' I often used the old...
'Custom and Practice' employment law.
Not easy to prove, but I relied on the fact, that many employers are also 'dumb' when it comes to employment legislation.
I made it sound plausible, and Tesco Management accepted it.
Have a read up on the issue on this site.
http://www.shoosmiths.co.uk/client-r...fits-5896.aspx
Then decide if you want to raise this with your employer.
Tell him that you are aware hospital appointments cannot be taken as sick days only if the company agrees to it. But as you have been doing this for over five years, without any issues or complaints what so ever, having been raised by the Company.
That now, you consider the company has agreed to it.
As such, it has become 'custom and practice, and forming part of your contract of employment.
If he still doesn't agree, ask him to refer your case to a higher management level, as per the companies grievance/complaints procedure. (A Company should have these procedures). Ask him for a copy.
Put your grievance in writing, give it to him and keep a copy.
Most junior managers will not like the idea of having to go to their boss, because they have failed to solve an issue, when in fact they are expected to resolve it.
Most times, they will relent.
Remember friend...
If it sounds plausible, then it probably is.
I can't see your manager going through employment laws.
Good luck
Johnaw:

[the_d_man]

Re: Hospital appointments where taken as sick days

thanks johnboy that's what I thought , they never kicked up a fuss...
unfortunately this company is quite backwards sometimes and the boss and the manager know each other quote well and there is no one higher up, it will get messy!

[Johnboy007]

Re: Hospital appointments where taken as sick days

thanks johnboy that's what I thought , they never kicked up a fuss...
unfortunately this company is quite backwards sometimes and the boss and the manager know each other quote well and there is no one higher up, it will get messy!

There has to be recognised procedures in place, so if the BOSS MAN is your managers superior, then that is who should take up the 'grievance'.
If you are then, not happy with his response, then you should lodge an appeal with the Boss-Man.
The rule is.....
Always follow procedure and never stray from it.
Keep records, dates, times etc.
A couple of questions d_man........
Has anyone else in your company visited hospital or doctors and had it as a sick day?
If they have, and this practice has been well known with other staff, then it will certainly help your case.
I assume that if you visit hospital then you do not get paid for it, thus taking it as a sick day.
The following does apply...
"Your employer may allow you time off work to visit the doctor or dentist but they are not legally required to do so unless your contract of employment says they are. Your employer can, for example, insist that you make these visits outside work hours, that you take holiday leave or that you make the time up later on. You should check your contract of employment to see what rights you have to take time off for doctors or dental appointments".


So try the 'Custom and Practice' method and see where it gets you....
Hopefully your Boss-Man will be reasonable.
Johnaw:

[the_d_man]

Re: Hospital appointments where taken as sick days

i need to read the contract again, or if i can find it again...
I have just been seeing if my hospital appointment was taken off as a holiday or not, and she has not used it as sick day, We get paid for sick leave, but after 3 days it goes to SSP.
My point is i don't want to lose 1 day holiday for hospital appointment, i go once a year and the previous person who did the holidays never counted my hospital days as holiday.

I think other people take hospital appointments as sick days but need to double check, but i want to be sure before i kick up a fuss, it's quite a close knit office and could cause trouble, and there is no clear line of procedures in this company which is annoying.

[Johnboy007]

Re: Hospital appointments where taken as sick days

Sorry mate but you really should read this again.
"Your employer may allow you time off work to visit the doctor or dentist but they are not legally required to do so unless your contract of employment says they are. Your employer can, for example, insist that you make these visits outside work hours, that you take holiday leave or that you make the time up later on. You should check your contract of employment to see what rights you have to take time off for doctors or dental appointments".


Unless your contract of employment states differently, then the above will appy.
Your employer can make you use holiday leave.

[ironman]

Re: Hospital appointments where taken as sick days

You mention you have regular hospital appointments

Are you covered under the Equality Act as Disabled. If so you have Protected characteristics and making you take annual leave entitlement your employer cannot use Objective justification. This might even be classed as indirect discrimination

[wales01man]

Re: Hospital appointments where taken as sick days

Can I ask does the appointment last all day?

[the_d_man]

Re: Hospital appointments where taken as sick days

sometimes it does, sometimes it doesn't, but i have to have these check ups once a year! i have a pre-existing medical condition which needs to be checked on.

My point is the last five years it has never been an issue....

[stevemLS]

Re: Hospital appointments where taken as sick days

I would be cautious about marking myself out as a "troublemaker" for the sake of one days holiday.

[ironman]

Re: Hospital appointments where taken as sick days

I would be cautious about marking myself out as a "troublemaker" for the sake of one days holiday.

Even if that is breaching a possible protected characteristic?? If that is the case why bother even have them. What happens to the next poor sod this might happen to

[stevemLS]

Re: Hospital appointments where taken as sick days

I doubt whether a condition which requires a check up once a year would meet the definition of disability in the Equality Act.

Even if it did, whether the granting of additional leave amounts to a reasonable adjustment is arguable.

[ironman]

Re: Hospital appointments where taken as sick days

To be honest, if an employee has either Cancer, Hiv etc then they have automatic protections for life as to Disability and Protected Characteristics. That even includes if the employee is in remission. Such a condition will fall under the constraints of the Equality Act and reasonable adjustmants by the employer.

It will be Direct Discrimination with no "Objective Justification " as an excuse by the employer to state different

[stevemLS]

Re: Hospital appointments where taken as sick days

Agreed.