advice on sick pay and wanting to leave job

scooper

my partner is on sick leave after a problem with his op on his leg,he is coming to the end of his sick leave but doesnt want to go back to his employer,alot of problems have occured between him and his mananger.

what rights does he have regarding his week in hand that he worked and also his holiday pay which is 23 days.

hope someone knows something

thanks

Morglin

From ACAS:

Is there an entitlement to accrued holiday pay for leave untaken on termination of employment?

Yes. No matter how short the period of employment, the worker has the right to be paid for leave accrued during that time. Under section 1 of the Employment Rights Act 1996 employers should include in a written statement of employment particulars, sufficient detail to enable the precise calculation of a worker's entitlement to accrued holiday pay on termination of employment.

Accrued holiday on termination need not to be rounded to the nearest half day - payment can be made for the exact amount of leave accrued.

Unless a contract of employment improves the position, the provisions of the Working Time Regulations 1998 apply and payment for untaken leave should be calculated using this formula:

(A x – C

where:

A is the period of leave to which the worker is entitled

B is the proportion of the worker's leave year which expired before employment ended

C is the period of leave taken by the worker between the start of the leave year and the termination date

For example, a worker who works five days a week, qualifies for four weeks' annual leave and finished employment after six months, having taken five days' leave, will be entitled to:

4 weeks x 0.5 – 1 week = 1 week''s pay or 20 days x 0.5 – 5 days = 5 day's pay

http://www.acas.org.uk/index.aspx?articleid=806

Lin

scooper

thanks for that
just so im sure about this though

will he have to work his week in hand can he hand his notice in 1 week before his sick time is due to finish?therefore still recieving his holiday and week i hand back

sorry to be slow on this its rather complicated!