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

ohreally

TheAircrashBureau80 wrote: »

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?

Curl up on the back seat for a while - reasonable adjustment (i recall a similar DDA adjustment being made for an individual some time ago).

Re Stringer, the judgement stated...

The ECJ also found that where the employment relationship ends, workers will be entitled to a payment in lieu of accrued, but untaken leave at their normal salary rate.

Southend1

The employer should cough up the holiday pay as clearly they should have dealt with the situation 3 years ago.

Is there any chance of retirement on medical grounds?

Contact your union as you said you intend to, it's likely you will need some legal support on this

Southend1

notanewuser wrote: »

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?

It's not for OP to resign, it's for the employer to dismiss.

getmore4less

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.

same holiday rules apply to perpetual maternity

think they should be stoped as well?

ILW

getmore4less wrote: »

same holiday rules apply to perpetual maternity

think they should be stoped as well?

I think so, yes.

Pricivius

Flashnazia makes a good point. The EU courts have ruled that you cannot save up the sick leave for years - you have to take it each year or shortly after. 15 months is the time limit in one case and the attorney general suggested 18 months. The UK Courts are likely to follow this. So it looks like you are not entitled to 18 weeks' pay or whatever - check out the Schulte case.