return to work

huddy55

i Forum,
My wife has just returned to work after 3 years on the sick with cancer. Her Company kept her job open that was very very good of them. The question we are asking is this. She received no holiday pay in those 3 years, is she entitled to it now? We have heard of a " with holding of payments act " that seems to say Employers have to pay any outstanding monies due. Please can anyone help. Thank you

Googlewhacker

I would have thought legally you would be entitled to holiday pay, however morally after they kept her job open I would not have thought they would be that happy having her come and make a claim for back payment of holiday. They could have dismissed her on capability grounds instead during her time off.

Also was she still providing them with sick notes during these three years?

Judas

When you say they held it open for her did they just allow her back once she was ready or was she formally employed throughout and submitting sick lines and receiving SSP etc when required?

If its the former then not unless agreed as they will likely have put it down as some sort of career break; if its the latter then legally yes but to be perfectly frank if you go after them for it you are being an absolute !!!! as they could have quite easily just not kept her job.

LittleVoice

You don't collect the pay if you are away sick, you accrue statutory holiday (not company scheme if that is higher). If she wants the pay, she'll have to resign and get it in the final pay like anyone else who leaves with accued holiday entitlement outstanding.

terra_ferma

First of all great that things have worked out well for your wife!

Asking for 3 years of backdated a/l is not a good way to ease back to work. Not many companies would have kept her job open, none I've ever worked for would have.
She is very lucky.

huddy55

Thank you for your reply, yes she was providing all sick notes and had meetings to tell them of her progress.

Googlewhacker

huddy55 wrote: »

Thank you for your reply, yes she was providing all sick notes and had meetings to tell them of her progress.

I hope you do the right thing morally rather than legally on this one.