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time off work for NHS appointment...2 questions


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my wife works for the NHS in a secure hospital...she has over thae last year had problems after having a gastric band and having to have it removed...the thing is she she has recently been reffered to hospital by our local doctor for possible gallstones, she had an appointment when she was off work but it was cancelled...she has now recieved a cancelation appointment...she has told her employer but they have told her she cannot go for the appointment. are they able to do this...?

 

also she has had problems with here health for over a year, before she took this job and declared evrything about her problems on the application form. she had a day off suffering from bad pains etc and went back to work only to find she was on sickness monitoring...she was reffered to OH who gave recommendations that she should be given some leway as her condition is ongoing yet today she got into work to be told she had a sickness review then at the review was told that any more time off could result in disiplinary action

 

is this unit manager in the right?

 

in a first review when she was off for one day she was given the letter saying she was having a review after the actual review...

 

 

she feels that she is being victamised by the unit manager who as also told her she has got to work christmas day even with the knowledge we has 3 children one of which has autism and will not take the news well...

 

i hope my post isn't to jumbled...

 

 

any feedback would be appreciated :)

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Difficult. Yes, an employer can refuse to give time off for an appointment - there is no legal right to such appointments during working time, and much depends on the employers own policies and the circumstances as to whether there is adequate cover available. It's hard to comment on the sickness review - OH recommendations are just that, recommendations. They are not binding on an employer, so again, technically if a sickness threshold is passed then the review procedure kicks in. And I am afraid that on the alst point you are on a hiding to nothing - she works in a "trade" that works 365 days a year and if her shift is Christmas day then having children doesn't change that I'm afraid. I am struggling to find anything here that is strictly wrong. But if she feels that she is being treated badly the obvious thing to do is raise a grievance. I'm afarid that just based on this I can't see anything else she could do.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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