My boss does not want me to have operation.

DullGreyGuy

FireRetire98 said:

Sounds like dodgy behaviour. Make sure to try and document all conversations with your boss even if it’s just talking in person, make notes of what the said and when you had the convo etc. hopefully you won’t need legal help but this will help if you do

You have no statutory right for time off for medical procedures in the UK https://www.citizensadvice.org.uk/work/time-off-work/time-off-work-overview1/  (If your illness falls into the definition of a disability then an employer could be in discrimination territory if they say no.)

Therefore simply not turning up after your boss has declined your request for time off will be being AWOL and gross missconduct in most companies. Most reasonable employers will allow time off for medical procedures with reasonable notice etc but lets be realistic, even the most understanding of employers may be put in a really difficult position if they've already given permission of holidays to others, have some on long term sick, some on compassionate leave and then you appear asking for time off as well.

If you get a fit note saying you are too sick to work then that's a different matter... technically an employer can challenge it but its fairly rare

MX5huggy

Don’t consider postponing for 1 second. If the NHS is going to treat you before the Junior Doctors strike then get in there and get it sorted. Any indication of a date in September is pure speculation they will be trying to catch up for months following the strike. 

Brie

Agree with the others of keeping track of all communications about this, all manager's replies (or noting that there was no reply despite repeated reminders).  Def have a copy of the medical letters, fit notes etc to the manager in advance where possible.

Worst case scenario they decide it's gross misconduct and dismiss you (which is unlikely if they are short staffed) then you'll have your evidence for an employment tribunal.

Happy birthday for Monday!  And best wishes for the op and a speedy recovery.  (but don't be rushed back to work until your doc says it's ok)

YBR

MoneySavingGerbil said:

...  my GP warned about the consequences of a strangulated hernia. Something that is manageable now with a routine fix could quickly become urgent left untreated. You're doing the right thing. How they manage without you is up to them.

This. You are quite right to have this Op as soon as possible. It's not just that the hernia will slowly get worse but the longer you wait, the greater the risk of complications. No timing will be convenient for your employer, but that is for them to manage, not a consideration for you.

Universidad

DullGreyGuy said:

You have no statutory right for time off for medical procedures in the UK 

Correct me if I'm wrong, but I think you're over interpreting this bit of advice.

You're not legally entitled to attend medical appointments in work hours, but if you're not well enough to work you are entitled to sick leave (and may be entitled to sick pay).

After an operation, I believe the recovery period in which you are not fit for work would be covered under sickness absence, rather than considered an extended medical appointment.

Albermarle

clive0510 said:

thanks for the replys. I am going ahead with it on 6th july, and I will be emailing my boss on monday. I can appreciate why he dosen't want me to have it. at the end of the day I work for a small firm which like a lot of private company's is run on a shoe string. 
the other thing is I'm 62 on monday. and financially I have no worries, so it wouldn't matter to me if waved my 8-5.30 job goodbye. if I have to I will.

You may find that your Boss only said what they said  as they under a lot of stress/pressure. You may find after a time of reflection they will see sense. Then again they might not.

Pat38493

Universidad said:

DullGreyGuy said:

You have no statutory right for time off for medical procedures in the UK 

Correct me if I'm wrong, but I think you're over interpreting this bit of advice.

You're not legally entitled to attend medical appointments in work hours, but if you're not well enough to work you are entitled to sick leave (and may be entitled to sick pay).

After an operation, I believe the recovery period in which you are not fit for work would be covered under sickness absence, rather than considered an extended medical appointment.

This is that I thought as well - there is a difference between a routine GP appointment and an urgent medical operation.  I am pretty sure that if your doctor agrees that the operation is urgent and needs to be done as soon as possible, they will give you a sick note if you employer is being difficult about it.

mumf

I cannot believe such an employer! Look after your health. Last year I was having dizzy spells. Tried to be a good employee and ignore it. Boss insisted I saw a doctor. I did. Found out I have terminal cancer. I am now retired,and my boss has been kind and generous. 

Look after your health before work,please. 

Aretnap

Pat38493 said:

Universidad said:

DullGreyGuy said:

You have no statutory right for time off for medical procedures in the UK 

Correct me if I'm wrong, but I think you're over interpreting this bit of advice.

You're not legally entitled to attend medical appointments in work hours, but if you're not well enough to work you are entitled to sick leave (and may be entitled to sick pay).

After an operation, I believe the recovery period in which you are not fit for work would be covered under sickness absence, rather than considered an extended medical appointment.

This is that I thought as well - there is a difference between a routine GP appointment and an urgent medical operation.  I am pretty sure that if your doctor agrees that the operation is urgent and needs to be done as soon as possible, they will give you a sick note if you employer is being difficult about it.

Indeed. The CAB page is about the fact that there isn't a right to paid time off for GP appointments and the like. It feels like quite a jump from there to "having an operation is gross misconduct". If the OP got sacked for this, I'd pay to watch the employment tribunal hearing.

zagubov

This is Dickensian!
We're in the 21st century not the Victorian age and you're not supposed to put up with being ill.
Talk to your union rep if there's any further hassle.
If your organisation doesn't have a union rep, it sounds very much like they need one.