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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 12184
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have a problem with my knee. It does not stop me doing my

Customer Question

I have a problem with my knee. It does not stop me doing my job. I have seen a specialist and am currently being referred for a small operation with a 4 week period off work. The expected appointment will be after Christmas. I have holiday booked from December 16th through till new year. My employer insists that all due holiday must be taken in the qualifying year and cannot be carried over so the operation date will be good for me. I have BUPA cover paid for by my employer and my line manager is pushing me to use the BUPA to jump the queue so the 4 weeks could very likely fall within my holiday dates. Could you please advise as to whether he can make me have the operation before my holiday such that I am incapacitated for my holiday rather than work time? It seems to me if he can that the benefit in kind that I am paying tax for is a tool for the company rather than myself. I have used the private hospital before and was not at all happy with them, not wishing to go there again.
Kind regards, ***** *****
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Do you have a specific question about this?
Expert:  Ben Jones replied 2 years ago.
Hello, sorry your question was cut short earlier so I did not see the last part of it, including the query you posted. So if I understand you correctly you wish to know whether you can be forced to take your operation earlier than currently planned. Also if you did not, can you please confirm if you will be overlapping any of your prebooked holiday whilst you are having the operation?