Employer trying to deny me holiday pay while on long term sick

TheAircrashBureau80

Proc wrote: »

I can see why so many employers are doing zero hour contracts, fixed-term contracts and cutting back on workforce.

When an employee who has been sick for four years can still claim holiday pay, something somewhere is horribly wrong.

Proc,

It's the law of the land!

If I were still working I would have used my holiday entitlement each year in the usual way, as I have done for over 11 years before I was signed off work due to severe obstructive sleep apnoea. I'm still an employee but on long term sick, should what I'm legally entitled to disappear just because I'm unable to do my job?

I'd lay the blame on this Government, who appear to have allowed zero hour contracts and all the other conditions you mentioned, to flourish.

flashnazia

It's 4 weeks only. Not 4.8 or 5.6. See Sood Enterprises v Healy
Case law also suggests a maximum carry over period. There was a more recent case that cleared some of this up. I'll try and find it.

flashnazia

http://www.freelanceadvisor.co.uk/legal-advice/holiday-entitlement-and-sick-leave-some-clarity-in-2012/


A maximum carry over period has also been suggested in European case law. I think it was 18 months but its not set in stone, still needs clarifying by courts or legislation.

ontrack

Strange attitude: I am still ane employee but am unable to do my job!
To be honest your employer should have resolved this years ago, dismissal on grounds of diminished capability to do the job you were employed for.
Harsh maybe. But the money to pay you has to come from somewhere, in a bigger company it can be insignificant but it's still a cost.

Poppie68

www.nhsemployers.org/EmploymentPolicyAndPractice/UK... -

Worth a read...


EDIT: sorry op i'm useless with posting links

Poppie68

flashnazia wrote: »

http://www.freelanceadvisor.co.uk/legal-advice/holiday-entitlement-and-sick-leave-some-clarity-in-2012/


A maximum carry over period has also been suggested in European case law. I think it was 18 months but its not set in stone, still needs clarifying by courts or legislation.

That was a German case but it was 15 months, it has not been adopted in the UK though.

princessdon

I could be wrong here, but has there not been a recent case where the claimant claimed out of work benefits (ESA) and therefore was unemployed and not eligible for in work benefits? The case was not holiday pay related though.

noodlespink2

Have you tried contacting ACAS! They may be able to help or point you in the right direction

TheAircrashBureau80

ontrack wrote: »

Strange attitude: I am still ane employee but am unable to do my job!
To be honest your employer should have resolved this years ago, dismissal on grounds of diminished capability to do the job you were employed for.
Harsh maybe. But the money to pay you has to come from somewhere, in a bigger company it can be insignificant but it's still a cost.

ontrack,

The reason I'm unable to do my job is because I have obstructive sleep apnoea, which means that I have a tendency to fall asleep, and my job as a valeter is a full time one. The physical nature of the job makes the condition worse. So tell me, how can I do my job on that basis?

I agree that my employer should have dealt with this earlier but as I said in my original post, there was different management 4 years ago and it was left to the current management to deal with. Yes it will cost my employer to settle this matter but am I wrong for standing up for what I'm entitled to?

notanewuser

Personally I think you've spotted something you can take advantage of. There was nothing stopping you from resigning over the past 4 years. Or did you think your condition would improve dramatically every single week?