Hospital appointments

[sanpez]

Can someone advise me if it is legal for your employers to make you take time off in lieu for hospital appointments.

My husband had a hospital appointment today, he gave his boss a copy of the appointment letter from the hospital 2weeks ago. Today when he went in and reminded them about his appointment he was told he could not go as he should have taken a lieu day or swapped his shift with someone.

He did attend the appointment as he has been waiting a long time. He did not expect to be paid for the time off. When he asked to see the copy of the letter he had given them as they denied he had spoken about it, the manager had written received on the 10/1 but then someone had changed it to the 17th when my husband was not at work.

 

Many thanks

Sanpez

[Emmzzi]

I am confused.

 

There is no right to paid time off (except for acute illness/ certain disability related things.)

 

Are you sainh he has accrued TOIL and they are making him use it? And he would rather be unpaid?

[sanpez]

Hi no he did not have toil, as he sometimes has to work bank holidays he gets a day off in lieu. He does not have any at the moment. He gave then notice of the hospital appointment 2 weeks prior and there was no issue yet today he was told he could not go as he should have swopped his shift with someone or taken a day off in lieu. All I am asking is can employers deny you the right to attend hospital appointments?

[Emmzzi]

if they are non urgent? yes. there should be some kind of agreement about them in advance. If the employer is going to be wriggley I would suggest this is done in writing and formally from now on.

[sanpez]

Hi Emmzzi it was an urgent appointment and he spoke to the manager and gave them a copy of the hospital letter, but today they were funny about it and the manager changed the received date on the letter to make out that my husband did not give them the letter till last Thursday (although he was not in work that day)

[Emmzzi]

It cannot possibly be urgent AND have 2 weeks notice. It may be important - that's not the same!

 

Anyway - no right to time off, only sick pay if it is a sick pay situation with certification etc. I am afraid your employer is in the right and requests from now on should be in writing to be on the safe side.

[sanpez]

It was urgent it was a pre op assessment for an operation he will be undergoing on Monday, in which he will be on sick leave which they are aware off. Does this change the situation?

[Emmzzi]

employer could have told him to swap the appointment to a day he had off or take holidays, yes.

 

By urgent I mean "acute" as in "we are taking you in now!" Clearly, this was not "urgent" in that sense.

 

Presuemabley he will be signed off afterwards though, so that will be different and treated as sick leave.

 

The employer is being arsey. But that is not the same as acting illegally.

[becky2585]

For what it's worth, I think it's normal practice to work the time back or take it as annual leave. If he's disabled though he could be entitled to paid time off as a reasonable adjustment.

[borisbeaver]

I work for a NHS trust and I have to work extra hours to cover my appointments.