what can they do

Uncertain

dave030445 wrote: »

Had boss and HR round today it went really well. They said there was no thought of them getting rid of me. They said they have a insurance policy that pays out when your sick, it pays out 75% of your wages,which sounds quite good. They also said that i dont acure holiday pay when off sick for the whole year she said you have to work for part of the year you are claiming holiday pay for does this sound about right.

They are wrong on the holiday pay issue. Recent court judgements confirm that you accrue holiday (at least at the statutory rate of 28 days per year) for the whole time you are off sick. If you normally get more holiday than this they can withhold the extra.

The only way I can see that could avoid this is if they "sack" you but you then receive an insurance payout that equates to the agreed percentage of your salary.

I would suggest taking advice about how best to progress the holiday issue. If you are to receive 75% of salary for however long you may be off then you don't want to jeopardise this.

Googlewhacker

Uncertain wrote: »

They are wrong on the holiday pay issue. Recent court judgements confirm that you accrue holiday (at least at the statutory rate of 28 days per year) for the whole time you are off sick. If you normally get more holiday than this they can withhold the extra.

The only way I can see that could avoid this is if they "sack" you but you then receive an insurance payout that equates to the agreed percentage of your salary.

I would suggest taking advice about how best to progress the holiday issue. If you are to receive 75% of salary for however long you may be off then you don't want to jeopardise this.

Why would it take 2.5 years for this insurance policy to pay out?

Also from earlier on in the thread the holiday accumilation apparently only will count from when the law was passed, not from when the OP was off sick.

dave030445

If i was to get all my holiday pay paid to me, would that afected the benifits I receive as it would be a part of earnings.

dmg24

dave030445 wrote: »

If i was to get all my holiday pay paid to me, would that afected the benifits I receive as it would be a part of earnings.

It would if you are claiming means tested benefits.

dave030445

dmg24 wrote: »

It would if you are claiming means tested benefits.

Yes iam ESA income related CT CTC how would it afect me on a monthly bases it could be about £3000 would they just take that ive earn that this year would i still be on income related ESA

MyUserName_4

dave030445 wrote: »

Had boss and HR round today it went really well. They said there was no thought of them getting rid of me. They said they have a insurance policy that pays out when your sick, it pays out 75% of your wages,which sounds quite good. They also said that i dont acure holiday pay when off sick for the whole year she said you have to work for part of the year you are claiming holiday pay for does this sound about right.

Glad it went well for you :T

One thing puzzles me, if they have an insurance policy that is paying out 75% of your wages, then why have they only just told you about this now? Presumably, you haven't seen any of this money so far? Do you receive ANY money from them?

Regarding holiday pay, I agree with other posters above:

The Stringer case in summary was:

What does this mean in practice?
In summary, the decision means:

• Workers must not lose their holiday entitlement because they are off work sick.
• Workers who have exhausted their entitlement to sick pay must be allowed paid annual leave nonetheless if it has not already been taken.
• Member states must either provide for annual leave to be taken during the leave year in question, or if they do not allow this, where the reason the worker has not taken annual leave during the leave year is because they are off work sick, the worker must be allowed to carry over their leave.

http://www.pcs.org.uk/en/news_and_events/pcs_comment/index.cfm/id/D9B93499-BE1C-4A6E-A74A23EBF26E3777

CFC

Something is very 'not right' here.

System

CFC wrote: »

Something is very 'not right' here.

I'm not sure about "not right" but its a rarity for an employer to be so understanding (i was off 4 months and mine got rid of me!)

Still, glad it went ok for the OP.

ceridwen

dave030445 wrote: »

as ive said before i would like them to keep my job open for me. Is there any reason they cant.

In fairness - looked at from the other workers point of view - from what you say he has been working on his own at night with your post "unworked".

Is yours an illness that you will be recovering from at some point - or a lifelong condition? What has your doctor said to you about the illness as to his prognosis for the future?

dave030445

CFC wrote: »

Something is very 'not right' here.

Why would you say this