Author: Dennis Chapman
Published: June 6, 2014
Reading time: 1 minute
This article is 10 years old.
Read our disclaimer keyboard_arrow_down
This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.
The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.
The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.
Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.
If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.
All characters are fictitious and should not be taken as referring to any person living or dead.
Use of this website shall be considered acceptance of the terms of the disclaimer presented above.
It is now coming into the holiday season, and as such annual leave will already have been agreed and taken from an employee’s annual entitlement.
What should an employer do if the employee who is due to go on annual leave produces a sick note for the same period of time?
If any employee is signed off from work, then legally they will be considered to be away from work on the ground of sickness and as such should not suffer any loss as a result (ie have to use up their holiday entitlement). As such the annual leave should be reallocated to the employees annual leave entitlement and their absence will be classed as sick leave. You only have to pay them statuary sick pay during this time, unless your contract of employment dictates otherwise.
