planned surgery and annual leave

[Ruebarb]

DF of mine has been awaiting surgery for the last few months - not life threatening but medically necessary in long term. Needs to have 6 weeks off after surgery. Finally has a date for admission but when told employer (small business so no HR etc), who was aware that DF was awaiting surgery at some point was told could not have time off (inconvenient to business) and would have to rebook date (NHS so not sure how that would work). Told needed to apply for time off in same way as annual leave as planned surgery and for 6 weeks off would need to wait until end of September. Told if took time off would be treated as AWOL and subject to disciplinary action. Nothing in employment contract covers this situation. I appreciate the morality of this but where does DF stand LEGALLY - would this be treated as unfair if ever went to tribunal?

[BlackandGold]

Sounds a bit rubbish to me. Surely she/he would be on sick leave and have doctor's certificates.

[Ruebarb]

sorry I meant planned surgery and sick leave not annual leave. DF would only have doctor's certificate and be on sick leave if the operation happened - well enough to work at present without operation. So told not to have operation at present so therefore no need to be signed off!
Just does not want this operation hanging for another 6/7 months.