holiday pay when on sick

sparky260500

pinklady21 wrote: »

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.

Hi thanks for that what happens if they end my employment, am I still entitled to the back dated holiday pay.

Hammyman

Public or private sector?

pinklady21

Yes I believe that if they terminated your employment you would be entitled to some payment for holidays this is also covered by the ruling on Stringer.

However I would STRONGLY suggest you get legal advice on this one, it is a complex area.
Most lawyers won't charge a fee for an initial consultation.
If you have house insurance check and see whether you are covered for legal protection.

sparky260500

pinklady21 wrote: »

Yes I believe that if they terminated your employment you would be entitled to some payment for holidays this is also covered by the ruling on Stringer.

However I would STRONGLY suggest you get legal advice on this one, it is a complex area.
Most lawyers won't charge a fee for an initial consultation.
If you have house insurance check and see whether you are covered for legal protection.

thanks for that but why would i need to get legal advice if its straight cut that Iam entitled to it.

viktory

sparky260500 wrote: »

thanks for that but why would i need to get legal advice if its straight cut that Iam entitled to it.

Because, with all due respect, your posts have demonstrated that you do not have the necessary skills in order to navigate such a complex matter. Therefore, you risk losing some or all of the holiday pay without expert help.

thorsoak

1. Are you still employed by the company/authority that employed you when you first were sick - yes/no?

2. You say that you are no longer being paid by that company/authority - when did you stop receiving pay?

3. What income do you now have? Is it ESA/IB ?

sparky260500

thorsoak wrote: »

1. Are you still employed by the company/authority that employed you when you first were sick - yes/no?

2. You say that you are no longer being paid by that company/authority - when did you stop receiving pay?

3. What income do you now have? Is it ESA/IB ?

1 yes still employed

2 April 2009

3 ESA

Uncertain

I would also suggest you seek professional advice as there is considerable amount of money involved here.

On the face of it I can't see how the firm can wriggle out of paying you for around 17 weeks holiday but they may well try.

Are you still in any contact with them or is there a danger they may try to say they sacked you a couple of years back?

Obviously raising this will almost certainly mean they take steps to terminate your employment. You would then be entitled to paid notice and would of course continue to accrue holiday until the day you leave.

From a selfish point of view, if you are not in desperate need of the money, it may be better to keep quiet and let it keep accruing! If the firm has been stupid enough to let this situation develop then maybe they deserve a nasty surprise!

Is there any possibility the firm may be concerned that they are somehow liable for your illness / injury? Again, if so you need legal advice about seeking a settlement or compromise agreement.

sparky260500

Uncertain wrote: »

I would also suggest you seek professional advice as there is considerable amount of money involved here.

On the face of it I can't see how the firm can wriggle out of paying you for around 17 weeks holiday but they may well try.

Are you still in any contact with them or is there a danger they may try to say they sacked you a couple of years back?

Obviously raising this will almost certainly mean they take steps to terminate your employment. You would then be entitled to paid notice and would of course continue to accrue holiday until the day you leave.

From a selfish point of view, if you are not in desperate need of the money, it may be better to keep quiet and let it keep accruing! If the firm has been stupid enough to let this situation develop then maybe they deserve a nasty surprise!

Is there any possibility the firm may be concerned that they are somehow liable for your illness / injury? Again, if so you need legal advice about seeking a settlement or compromise agreement.

Thanks as you say it does work out alot of money. wonder
how it will affect the benefits that I've been on for that time

Uncertain

sparky260500 wrote: »

Thanks as you say it does work out alot of money. wonder
how it will affect the benefits that I've been on for that time

It won't affect contribution based ESA at all. Some companies with extensive sick pay schemes (mainly public sector and education!) have a clause requiring the employee to claim ESA after 26 weeks and anything they get is deducted from the sick pay.

However, holiday is paid at full rate even when on reduced / no sick pay.

However, it may well affect means tested benefits.

It is common (though not obligatory) for companies to suggest to staff who are long term sick to take some or all of their holiday once the sick pay has run out. Did this not happen?

It has got to be worth trying to get a reduced fee or free initial consultation with an employment solicitor.