Depends what they're off for, if it's stress or something along those lines then that doesn't really stop them going on holiday.
No it doesn't depend what they are off for, but agreed being off sick doesn't mean you aren't necessarily able to go on holiday. But if they are off sick due to stress say, and part of their recouperation is to 'go on holiday' then holiday leave should be used to cover it, not sick pay.
If the guy has genuinely gone on holiday, for what ever reason, whilst on sick and not taken holiday leave then he is in the wrong. The examples given cover this issue
Reasons why employees can take holiday while on sick leave
By way of example, an employee can take annual leave while off sick if they:
- Are sick over a long period of time, and a holiday might aid their recovery
- Are not fit to work, but are physically able to take a holiday
- Are suffering with a mental health condition that might be eased by a holiday
So just because the holiday is part of the recouperation of being sick, it is still classed as holiday and holiday entitlement should be used.
The grey area comes on what constitutes being on holiday, but it's hard to argue that flying off to ibiza in this context, isn't
There are two issues going on here, one is the optics from the other employees and as much as I agree it's not their business, that doesn't stop them getting upset at someone else abusing the system. The other issue is from the employer, where it most certainly is their business and if the guy has gone on holiday whilst sick and hasn't requested annual leave then he can be sanctioned.
And an employee does have the legal right to carry over 4 weeks of holiday entitlement if they are unable to use it due to long term sickness, so it's not a case that he would lose it as has been raised in this thread.