Am i entitled to anything?

charlotte1987

Hi, im just wondering if anyone knows if im entitled to any holiday or any other sort of pay from my employer (morrisons) after my contract was terminated due to illness a few weeks ago. They mentioned something about 2 and half weeks pay but wasnt sure about it and head office wouldnt tell me anything. I was emplyed by them for 10years. Surely am i due something?

p00hsticks

I think people will probably need more information - for example;

Were you signed off sick when they terminated your contract ?
How long for ?

How much holiday have you taken in the current holiday year ?
How much holiday are you entitled to in that period ?
When does the holiday year run from and to ?

Vader123

You will be due any accrued holiday pay, or notice period pay if this was agreed.

There won't be anything else unless prior agreed.
Vader

CornishW

I work for Morrisons and this is what it says in the staff handbook.

"Outstanding Holiday Entitlement on Leaving the Company.

If you leave the company part way through the holiday year, you will be entitled to payment upon leaving for accrued but untaken holiday entitlement. In the event that at the date of termination you have taken more than your accrued holiday entitlement, the Company reserves the right to recover the value of the excess holiday taken by deduction from wages or any other final payments due.
If your employment is terminated summarily for gross misconduct, accrued holiday entitlement on the termination of employment will be forfeited to the extent that it exceeds your statutory entitlement under the Working Time Regulations 1998. Statutory entitlement is calculated based on contracted hours only and includes bank holidays.
Outstanding holiday pay (to the extent that it exceeds your statutory entitlement) can also be withheld at the Company's discretion if you do not give the required notice or do not work your full notice period for reasons that are not acceptable to the Company.
The Company reserves the right to require accrued holiday to be taken as part or all of the notice period should your employment with us come to an end".

Hope this helps!

charlotte1987

p00hsticks wrote: »

I think people will probably need more information - for example;

Were you signed off sick when they terminated your contract ?
How long for ?

How much holiday have you taken in the current holiday year ?
How much holiday are you entitled to in that period ?
When does the holiday year run from and to ?

Hi there no i wasnt signed off ESA when my contract was terminated but i was signed off SSP along time before, i went on sick Oct 08 and never went back so havent taken any holidays this year i am entitled to 6 weeks holidays in the year and my holidays run from april to april.
When i left morrisons i was on their SSP for 26 weeks then went on to ESA it was only about 9 weeks ago that all reports where in from docs etc and they decided to terminat the contract. since then ive been waiting for the personel dept to get it sorted and then onto head office and its only this payday (today) i should receive something.

Thanks for the quote from the hand book, i guess that sort of says im entitled to some holiday pay cos i wasnt terminated due to misconduct its just weather they want to be akward or not ...
guess ill know more when i go to bank in morning
Thanks everyone
Any more advice welcome xx

CornishW

I've just noticed another part of the staff handbook, in the sick pay section that says,

"Annual and Public Holidays

Company Sick Pay cannot be paid for holiday periods in addition to statutory or annual holiday pay. The employee may, by agreement with the Personnel Manager or General Manager, postpone their annual holiday entitlement if this has previously been booked and falls within a period of sickness. It is at the discretion of management whether this is allowed. Statutory Sick Pay can be claimed if sickness occurs whilst on holiday. However, any Company holiday pay will be offset by Statutory Sick Pay or incapacity benefit paid.
Employees who are absent for a period of 12 months or more will not be entitled to receive holiday pay either upon request or though termination of employment".

That last sentence may mean you won't get any holiday pay but, IIRC, you should get your first weeks wage which was withheld when you started (unless it was different 10 years ago!)

Anyway, you'll find out today whether they've decided to pay you or not - let us know how you get on.

LittleVoice

If you have completed ten years' employment, you are entitled to ten weeks' paid notice.

speedbird1973

I think after 12 months off sick this wouldn't count as redundancy. I don't think the 10 weeks pay will apply here.

LittleVoice

speedbird1973 wrote: »

I think after 12 months off sick this wouldn't count as redundancy. I don't think the 10 weeks pay will apply here.

Perhaps I haven't read carefully enough, but where does the suggestion of redundancy come in.
Why wouldn't notice be applicable if someone is an employee?

chrisd8780

LittleVoice wrote: »

If you have completed ten years' employment, you are entitled to ten weeks' paid notice.

according to acas you get your notice period

speedbird1973

LittleVoice wrote: »

Perhaps I haven't read carefully enough, but where does the suggestion of redundancy come in.
Why wouldn't notice be applicable if someone is an employee?

Sorry I wasn't clear. Your post about 10 weeks pay is applicable if the OP is being made redundant. But they're not, so they're not entitled to 10 weeks pay. They're entitled to their notice and any holiday owing.