A Holiday pay when leaving question

TrixieB

I am going to be let go from my employement soon, my SSP runs out 14th November and my manager has told me that HO will then arrange for me to have an assessment with their Occ.Therapist after that and then most likley find me unfit for work and let me go.

Our holiday year runs Jan to Dec and I've taken none so far. Where I work we are not allowed to take any holidays in the month of December.

I know when you leave it's 1/12th for every completed months service, so if this takes me over into December before I get given the chop, will I therefore be justified to ask for the whole years holiday pay seeing as holidays are not allowed to be taken in Dec rather than just 11/12th?

Jarndyce

No.

You have to have 'earned' the holiday first, so you will get pro-rata up to the effective date of your dismissal.

Is there no chance of you/your union negotiating a compromise agreement rather than allownig yourself to be dismissed?

TrixieB

No idea what a compromise agreement is jarndyce?

Sucks a bit that I will lose out that 1/12th seeing as they won't even allow you to take time off in Decmber, but knew was just clutching at straws really!

TrixieB

Googlewhacker wrote: »

Sucks to the employer as well having to pay you holiday for being off sick and not actually working....hey ho.

That's the rules as they stand.

Jarndyce

TrixieB wrote: »

No idea what a compromise agreement is jarndyce?

A mutual agreement to terminate your contract. Saves them the risk of an unfair dismisal claim, and saves you the stigma of being dismissed. Usually accompanied by an agreed reference, a confidentiality clause binding on both parties and some money (2-3 months pay maybe). Ask them - can't do any harm.

getmore4less

Not being able to take holiday in Dec does not seem that relevent you still acrue the holiday.

If you are unfit for work you don't work but still acrue your holidays.

They will still have to give you notice, and they, subject to a special case, have pay you your normal pay even if off sick.
(employment act section 87)

Any untaken holiday needs to be paid on termination, if unable to take in holiday year due to sickness they can be carried over.


How long will you have worked there if they give you notice in Nov/Dec and what is your contractual notice?

TrixieB

Interesting jarndyce - will definietely look into that a bit more, any idea how/where?

GM4L - been employed for more than a year.

Googlewhacker - to me it would make more sense for the company to state formally that holiday year runs from Jan to Nov really.

Jarndyce

TrixieB wrote: »

Interesting jarndyce - will definietely look into that a bit more, any idea how/where?

Take it you're not in a union then.

You'll need to broach the subject with a manager. Make the case that it is in their interest because it saves them the risk of any unfair dismissal claim etc and the ongoing costs of Occ health referrals etc. Worth paying you a couple of months pay up front. If they agree they should draft an agreement then you need to get legal advice to show that you understand what you're signing - employer often pays for that too.

TrixieB

My manager is as much use as a chocolate teapot. he told me SSP was only payable for 4 weeks for instance!

They are going through the correct procedures for dismissing me - I think anyway - they aren't rushing it for a start.

Would I be wise to apply to join a union just now do you think? Would it be frowned upon to join for this then leave after have gotten the help as in all honesty can't afford the fees for long! USDAW I think is the correct one for me...

Just seen this on USDAW webby

Please note that legal representation or advice will only be provided in respect of matters which occur following the commencement of your membership.

So joining now wouldn't be of any use? As this has been ongoing since April 2011? Or am I misreading that.

Jarndyce

TrixieB wrote: »

My manager is as much use as a chocolate teapot. he told me SSP was only payable for 4 weeks for instance!

They are going through the correct procedures for dismissing me - I think anyway - they aren't rushing it for a start.

Would I be wise to apply to join a union just now do you think? Would it be frowned upon to join for this then leave after have gotten the help as in all honesty can't afford the fees for long! USDAW I think is the correct one for me...

Just seen this on USDAW webby



So joining now wouldn't be of any use? As this has been ongoing since April 2011? Or am I misreading that.

No you are not misreading it - most unions only provide services in relation to events that occur after the date of joining.

TrixieB

Ah. Oh well!