holiday pay when on sick

sparky260500

Hi all been on the sick from work for nearly 3years and I've just read that i can claim holiday pay from when I've been off is this right this will be good as it adds at to quite a few quid.

bunny999

Claim it from whom ?

Hammyman

From the non-existent employer I suspect. I seriously doubt they're still employed after 3 years but then again, they could work in the public sector and I'd not put anything beyond that lot.

[Deleted User]

Look up Stringer Verses HMRC, European court case with regards to holiday pay. The ruling stated that holiday pay was to be paid whilst off sick. However there is a time limit on claiming from your employer. The acas web site has information about this or call them and they can advise you on how to draft an appropriate letter to your employer.

sparky260500

Why are you talking as if im not here if you want to know the answer to questions please ask don't sermise

dmg24

Whilst you do have some entitlement to holiday pay, I would be very careful rocking the boat with work. Given the amount of time you have been absent it would be relatively easy for them to dismiss you for incapability, should they wish to.

sparky260500

dmg24 wrote: »

Whilst you do have some entitlement to holiday pay, I would be very careful rocking the boat with work. Given the amount of time you have been absent it would be relatively easy for them to dismiss you for incapability, should they wish to.

If that happens will i still get the holiday pay

NASA_2

I think you need to check this with your employer.

Do you have a contract? Are you able to carry leave over to the next leave year? I doubt whether they will pay you holiday for the three year period.

Private sector workers are scum. (Just as an aside seeing as an insult was thrown at public sector workers above).

sparky260500

Does anyone know for sure how many years you can claim back for can i get all 3years holiday pay paid

pinklady21

Yes Sparky you are entitled to ask for Statutory Holiday.
There was a case (possibly Stringer) that went all the way to the European Court on this one.
In essence people who are on long term absence due to sickness / disability are entitled to ask their employer to pay them Statutory Holiday pay which I think is 20 days.

Ask your HR dept about it, or your Union rep if you have one.

And as for rocking the boat, I assume that you are still receiving some form of payment from your employer? eg PHI or other long term disability insurance paid as part of your contract of employment?
In that case, your employer would be ill advised to try and dismiss you at this stage if that would mean that you would lose out on contractual benefits. Technically you could then sue them for your losses.

If you can, contact an employment lawyer. If you have legal protection as part of your house insurance, you may be able to get the advice for free under your insurance policy
Best of luck.

sparky260500

Iam not receiving any payment from work at all