Do I Resign or wait to be sacked?

Savvy_Sue

Brassedoff wrote: »

Yes the amount he has earned mutiplied by 5.6, so in the OP's case £0

No, because they are still an employee, even if they are not being paid. The right to paid leave continues to accrue while you are off sick, just as it does while a woman is on maternity leave, even unpaid.

This is the .gov.uk bit about this. This is an employment law article on the subject - admittedly still some uncertainties, but the principle of continuing to accrue holiday entitlement seems to be clear.

Savvy_Sue

mummyofonechild wrote: »

Thanks for your responses.

The last communication was a year ago from their head office wanting an update as to my health. They don't pay sick pay so I have received SSP then ESA after that. I haven't been sent a P45.

It really surprises me you didn't get a response after this. What did you actually say to them? Wondering if your P45 went astray in the post ...

paddedjohn

Brassedoff wrote: »

Yes the amount he has earned mutiplied by 5.6, so in the OP's case £0

Ignore this, the op is entitled to 5.6 week of their normal wage.

mummyofonechild

Thanks for all your replies. All I told them was the information from the last scan and it was unlikely to get better as some of the damage will get worse over time. I know if things stay as they are I cannot go back to work there.

mummyofonechild

Also I didn't know I was entitled to holiday pay. Is it 5.6 weeks for each year I am off or just the current one.

mummyofonechild

Savvy_Sue wrote: »

It really surprises me you didn't get a response after this. What did you actually say to them? Wondering if your P45 went astray in the post ...

Its possible that it got lost in the snow but i haven't received any final payment and I still have my uniform (somewhere)

Savvy_Sue

mummyofonechild wrote: »

Also I didn't know I was entitled to holiday pay. Is it 5.6 weeks for each year I am off or just the current one.

I think that is one of the 'fuzzy' areas, and possibly it's only 4 weeks which apply in this situation (ie not the bank holidays), but I think if you weren't offered the leave within the leave year then this is one situation where a reasonable employer would allow you to take it the following year, even if they didn't normally allow carry forward.

A 'good' employer would hopefully alert you to the fact that you were entitled to paid leave and ask at what point you wished to be paid for it, before the end of the leave year. However, I suspect a lot don't realise this is the situation.

Of course another possibility is that you've dropped off the payroll without formally being 'finished' - were you sent a P60 last May? I'm guessing not - which could indicate you weren't on payroll (although I don't know what you do with people who haven't earned in the previous tax year).

Maybe if you set out dates here: when you last worked, when you were last paid 'properly', Company Sick Pay, SSP and when you went onto ESA?

Also is this ESA means tested? If it isn't atm but will become so, I'd be tempted to sort this sooner rather than later!

mummyofonechild

Hi

Thanks for your reply. I have been off since August 2011 and received SSP straight away. I then went onto ESA in feb 2012 and have been placed in the support group since may 2012.

Best wishes