Holiday question

LEEDASH wrote: »

Hi I am owed holiday from this year,I am on long term sick leave,I know my employer does not pass this over to another year and I don't know if I will be able to return to work,have tried and didn't work out to well.How would I go about this holiday issue.

HI

Following a number of cases brought in the higher courts the European Court of Justice (ECJ) has ruled that a worker who is off work on sick leave continues to accrue statutory holiday while s/he is off sick. If they are able to go back to work this is a special situation and they are effectively now allowed by law to carry the holiday forward into the next leave year if they couldn't take it because when they were off sick . Additionally if your employer ends your contract you will be able to claim for accrued untaken holiday pay up to the date of leaving. If your employer refused to pay this you would be able to make a claim for unpaid wages at an Employment Tribunal ( ET ( which must be done within certain time limits ). If you do leave then initially you would write to your employer asking for the accrued holiday pay and only if it wasn't forthcoming would you need to consider an action at an ET. Your local CAb could help you with this process if needed. Follow the link below to more information on this :

http://www.adviceguide.org.uk/england/work_e/work_time_off_work_e/holidays_and_holiday_pay.htm#what_happens_to_your_holiday_if_you_are_off_sick

Obviously you will need to work out how much is owing to you. Hope that this helps.