Prolonged grievance with employer

Takeaway_Addict

Danielab wrote: »

I only came on here for advice, if I have no claim to make, I will simply tender my resignation and cut my losses.

There is no harm in asking for advice when you are new to this.

Sorry if I have offended anybody with my posts

Ignore Bantex

Best to get many views but remember a solicitor is there to be paid and as I mentioned you have to weigh up the risk reward before making the final decision.

Danielab_2

I think I am going to leave it be. I just wanted some advice and didn't know where to turn. Seems it is going to before stress than it is worth.

I would, however, like to thank everybody for the help and advice that was given, it truly is appreciated.

PHILANTHROPIST

specialboy wrote: »

Where about in law does it say they must pay you accrued holidays whilst you are off sick?

Look up the judgements for the cases of HMRC v Stringer and NHS v Larner along with numerous recent ECJ rulings ; fascinating area of law and central to a case I'm currently dealing with.

Well you asked !

PHILANTHROPIST

Takeaway_Addict wrote: »

If you want some brutal but truthful advice I would suggest posting on redundancyforum.co.uk as well considering how complicated your case might become.

The infamous Sar El. Now there's an enigma.

PHILANTHROPIST

Danielab wrote: »

As far as I have been advised it was ruled that you can request to take and be paid for annual leave whilst on sick pay, as carrying over annual leave over a certain amount goes against more WTR.
I have been advised by the solicitor, ACAS, citizens advice and citizens legal advice about the issue regarding holiday pay.
I can only say what I have been informed, and my contract certainly does override it of it is not the case.

As per usual solicitor appears to be only half correct.

The law in that area is complex, and is normally invoked upon termination. What your contract says is to a degree irrelevant. Annual leave is a statutory right (20 days per annum) under the WTD and extended to 28 days under WTR. It's usually only 20 days allowance or proportion thereof that can be carried over and/ or accrued. If the OP or anyone is in the slightest interested here's a helpful summary of myriad of recent cases :

http://www.nhsemployers.org/EmploymentPolicyAndPractice/UKEmploymentPractice/Pages/AccrualofStatutoryAnnualLeaveonLongtermSickLeave.aspx

PHILANTHROPIST

Undervalued wrote: »

OP

I note you have just posted the same question on Redundancy forum.

It will be very interesting to see SarEl's reply as she knows far more about employment law than everybody here put together (with one exception who sadly doesn't post often these days for health reasons).

It's 20 days Undervalued.

Glad to hear you praise Sar El. Interesting

specialboy

PHILANTHROPIST wrote: »

Look up the judgements for the cases of HMRC v Stringer and NHS v Larner along with numerous recent ECJ rulings ; fascinating area of law and central to a case I'm currently dealing with.

Well you asked !

http://www.hrresponse.co.uk/Documents/HolidayLeaveDuringSickLeaveDec09.pdf


And it isd exactly as I said, you cant demand to take holidays while on the sick, you can only request them but any sensible employer would allow it.

PHILANTHROPIST

specialboy wrote: »

http://www.hrresponse.co.uk/Documents/HolidayLeaveDuringSickLeaveDec09.pdf


And it isd exactly as I said, you cant demand to take holidays while on the sick, you can only request them but any sensible employer would allow it.

Well done special boy. The rules re requesting leave whilst on sick has made many barristers very rich. Who know's the ECJ may in part amend it's ruling in the near future.

specialboy

I personally feel that the balance is swinging to far in favour of the employee, if bank holidays are to be included then someone on long term sick will still accrue 11.2 weeks leave over 2 years while sitting at home, I think maybe there should be a maximum of say 50% accrual while on sick leave (assuming the reason for the sick leave is not related to the working conditions)

PHILANTHROPIST

specialboy wrote: »

I personally feel that the balance is swinging to far in favour of the employee, if bank holidays are to be included then someone on long term sick will still accrue 11.2 weeks leave over 2 years while sitting at home, I think maybe there should be a maximum of say 50% accrual while on sick leave (assuming the reason for the sick leave is not related to the working conditions)

From what I recollect 11.2 weeks would not be accrued over a two year period. I think it's only 8 weeks as per 20 day allowance under the Working Time Directive (WTD). Unless, I am mistaken the max allowable accrual in the ECJ has been circa 16 months , which under the 20 days allowance as per the WTD would be say circa 27 days or just over 5 weeks.

Re the balance. I now only act for employees on a pro bono basis. I am biased and within reason generally support the rights of employees. To help a downtrodden employee who has been unfairly dismissed can be very gratifying. I do occasionally feel sorry for employers, but not that often !