Law queries

* One of my members had booked two weeks' annual leave but went sick just before the start of his holiday. Our employer says that he cannot have time off later because, once booked, holidays cannot be re-arranged. This seems very unfair.

There are no strict rules as to how employers should deal with sickness that arises either during or just before annual leave. The law leaves it entirely to what the employment contract says. Some employers do allow holidays in lieu. You may be able to argue that your employer should allow, as a minimum, the right to take the 20 days of statutory holidays which all employees have a legal right to regardless of what their contract provides. Thus if the loss of the two weeks' leave means that your member has not had 20 days' of holidays in the year it may be possible to use the Working Time Regulations to claim them.

More information: Law at work 2002