If an employee books holidays and then takes those holidays as sick leave, it has always been our company policy that they will lose those holidys as part of their annual entitlement as thay had not been cancelled beforehand.

A situation has arisen whereby an employee has booked holidays but went into hospital beforehand and had not cancelled his holidays. Therefore they have lost/used that entitlement. Their shop steward has complained enquiring as to the legality of an employee losing their holidays whilst sick, if they are not cancelled beforehand.

What is the legal standpoint for this situation?

Jane Brady