entitlement to carry forward holidays

mc711111

a friend of mine is on long term sick and has therefore alot of holiday remaing, the holiday year end being 31/12/11

he is currentlty receiving 2/3rds of his income via personal health insurance

he has received a letter from work saying he can only carry 5 days holiday forward, however he can use the rest of the holiday now and get full pay for it but ythis will be inclusive of his PHI

can employers legally prevent holiday being carried forward for those on long term sick

thanks

SarEl

Not statutory holiday no - this carries forward. Contractual is at the discretion of the employer - they can refuse to carry that over.

My slight qualm about this advice is that PHI companies often try to crack down on long term claims - there is a lot of evidence of them becoming quite harsh in their ongoing claims, and having the employer on board is a valuable asset. None of which changes my advice above, but it may inform him in relation to strategy - we don't know the employer and he does.