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holiday pay when on sick

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Comments

  • squirrelchops
    squirrelchops Posts: 1,907 Forumite
    Is this a wind up?!
  • sparky260500
    sparky260500 Posts: 243 Forumite
    Is this a wind up?!

    No what makes you say that!!!!!
  • Uncertain
    Uncertain Posts: 3,901 Forumite
    Is this a wind up?!

    I wouldn't have thought so.

    They are not the first firm by any means to get themselves in this fix. Before the "Stringer" judgement it was not uncommon for a firm just to leave somebody who was never going to come back on the books. It cost them nothing, seemed kinder and reduced the chance of an unfair dismissal claim which would cost the firm money win or lose.

    However, given the widespread publicity of the judgement I'm amazed any HR "professional" (as they love calling themselves) could miss it - but it happens.

    I imagine when it does get resolved, somebody in the HR department will be following the OP out of the door!
  • sparky260500
    sparky260500 Posts: 243 Forumite
    Just trying to get everything together when i went on the sick i was on 26days holiday is this what they have to pay me or is there a max number of days also do i have to add up all the bank holidays aswell
  • Uncertain
    Uncertain Posts: 3,901 Forumite
    Just trying to get everything together when i went on the sick i was on 26days holiday is this what they have to pay me or is there a max number of days also do i have to add up all the bank holidays aswell

    You need to check your contract to see exactly how it is worded. You cannot receive less than the statutory minimum but it may give you more.

    Currently the statutory minimum is 28 days but this can include the bank holidays often though of as four weeks (i.e 20 days) plus the normal eight BHs. However there is no absolute right to BHs off (indeed some jobs need all their staff then) but the total must add up to 28 or more.

    I can't remember when this went up to 28 days but I think it was during the three years you have been off. In this case you can only count 26 days (or whatever it was) up until the rules changed.

    If you are going to put in a claim I would be tempted to ask for 28 days per year. They may well be so dozy as not to spot this!
  • sparky260500
    sparky260500 Posts: 243 Forumite
    Uncertain wrote: »
    You need to check your contract to see exactly how it is worded. You cannot receive less than the statutory minimum but it may give you more.

    Currently the statutory minimum is 28 days but this can include the bank holidays often though of as four weeks (i.e 20 days) plus the normal eight BHs. However there is no absolute right to BHs off (indeed some jobs need all their staff then) but the total must add up to 28 or more.

    I can't remember when this went up to 28 days but I think it was during the three years you have been off. In this case you can only count 26 days (or whatever it was) up until the rules changed.

    If you are going to put in a claim I would be tempted to ask for 28 days per year. They may well be so dozy as not to spot this!

    maybe i should put in for 26 days holiday which is in my contract and the 8days bank holidays we used to have all back holidays of with pay.
  • VfM4meplse
    VfM4meplse Posts: 34,269 Forumite
    10,000 Posts Combo Breaker I've been Money Tipped!
    Hi all been on the sick from work for nearly 3years

    I find it incredible that you're still on the firms books, although I do understand why. If you're not actually well enough to work, and haven't been for this length of time, what makes you think that the firm should still employ you? - I ask this from a practical rather than legal perspective. Put yourself in the employer's shoes.
    Value-for-money-for-me-puhleeze!

    "No man is worth, crawling on the earth"- adapted from Bob Crewe and Bob Gaudio

    Hope is not a strategy :D...A child is for life, not just 18 years....Don't get me started on the NHS, because you won't win...I love chaz-ing!
  • Uncertain
    Uncertain Posts: 3,901 Forumite
    maybe i should put in for 26 days holiday which is in my contract and the 8days bank holidays we used to have all back holidays of with pay.

    Yes if you can show that this was the norm then it is, in effect, your contractual entitlement.
  • michelle1506
    michelle1506 Posts: 301 Forumite
    LOL, I don't mind you asking this question, but I have a feeling there are certain 'Daily Mail readers' out there who will object :D Always the same people too, I don't think they can work as they seem to be on here sprouting their nonsense 24/7. At least I have an excuse as I'm on maternity leave, and am waiting for twins to be born :D

    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.
  • Uncertain
    Uncertain Posts: 3,901 Forumite
    VfM4meplse wrote: »
    I find it incredible that you're still on the firms books, although I do understand why. If you're not actually well enough to work, and haven't been for this length of time, what makes you think that the firm should still employ you? - I ask this from a practical rather than legal perspective. Put yourself in the employer's shoes.

    The firm could, almost certainly, have taken the proper steps and lawfully terminated the OP's contract.

    However, for whatever reason, it seems they didn't. As I said earlier they may have worried about the prospect of an unfair dismissal claim or it may simply have been an oversight.

    The normal advice to any employee who is long term sick is not to resign but to sit it out and let the company make all the moves. That generally is in the employee's best interest. Although it may seem hard on the company that is how the law works. I wonder how many people who come on forums like this and criticise the morals of an employee sticking to the letter of their rights would act differently themselves? Few if any I suspect.......

    On the basis of what we are told here it seems the firm have messed up and will have to pay for their mistake. As I said before this is not unique!
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