How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 68334
Experience:  Qualified Employment Solicitor
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I was signed of sick for approximately 2 weeks in

This answer was rated:

Hi,I was signed of sick for approximately 2 weeks in February/March time. Attended half a days work and was sent to A&E and was signed off further 2 weeks prior to lockdown.In June I was further signed off for a fortnight and have recently been signed off for another fortnight. I've been with the company got over 2 years and are a member usdaw for over two years.What should I expect from my employer and when I return to work, could I expect further sick days been used as holiday? My booked holidays been cancelled?Also can HR visit me at home unannounced to talk about my health? My colleague from a different company has had this happen awhile ago and was wondering whether I should prepare for potential unexpected visits.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long have you worked there for? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 16 days ago.
Thank you, ***** ***** April 2018.

Many thanks for your patience. So are you asking if you can use up your holidays in the future instead of sick days?

Customer: replied 16 days ago.
Ideally I would like to keep them seperate but could my employer request I use up my holidays instead. Holidays would be (31 days)
Customer: replied 16 days ago.
32 days*
Customer: replied 16 days ago.
Also can HR visit me at home unannounced to talk about my health? My colleague from a different company has had this happen awhile ago and was wondering whether I should prepare for potential unexpected visits.

Your employer can ask you to take holidays at days decided by them and they have the legal right to do so. They must give you twice the length of the holidays as notice – so if they want you to take 10 days holiday at once, they must tell you at least 20 days in advance. However, they should not be forcing you to take your holidays whilst you are already officially signed off sick as you cannot realistically enjoy your holidays then and that defeats the point of having holidays. So assume they can do that but on days when you are not officially off sick.

As to visiting you, there is nothing stopping them from doing so but they should really be giving you prior notice. Once is not so bad, but if they keep doing it then it can amount to harassment. You can also tell them you simply do not want them to visit unannounced and that you will treat it as a breach of trust on their part and raise a grievance if needed.

Does this answer your query?

Ben Jones and 3 other Employment Law Specialists are ready to help you
Customer: replied 16 days ago.
it does thank you. All the best.

You are most welcome