Reclaim holiday pay for previous years as off sick

linky

I have been on long term sick leave but lucky enough to be covered by a company insurance policy that paid half pay for the last 5 years, now that has come to an end my employer is offering me ill health retirement. I was paid holiday pay for the days I did not use for the first year but they advised I wasn't due it when I asked the second year. However I have come across something on the web that suggests that now I am leaving the company service I should be able to claim back my sick leave for the last 4 years, anyone know if this is correct, and does it apply in Scotland?
Thanks

TELLIT01

I can't answer the question, but can you put a link to the information you found on the web about this.

Comms69

linky wrote: »

I have been on long term sick leave but lucky enough to be covered by a company insurance policy that paid half pay for the last 5 years, now that has come to an end my employer is offering me ill health retirement. I was paid holiday pay for the days I did not use for the first year but they advised I wasn't due it when I asked the second year. However I have come across something on the web that suggests that now I am leaving the company service I should be able to claim back my sick leave for the last 4 years, anyone know if this is correct, and does it apply in Scotland?
Thanks

5 years sick pay?


I would suggest that included any accrued annual leave, as half pay is almost certainly more than Stat

Nicki

Comms69 wrote: »

5 years sick pay?


I would suggest that included any accrued annual leave, as half pay is almost certainly more than Stat

I don't know the answer to the OP's question but what I've quoted is irrelevant and doesn't have any bearing on what was asked.

The OP had the benefit of an income protection insurance policy, provided as a work benefit, for 5 years. That's not related to statutory sick pay or any other statutory obligations the employer has to the employee. It's just a perk some companies offer, like a company car or season ticket, which unluckily for the Op they have had a medical condition which qualifies them for it.

Comms69

Nicki wrote: »

I don't know the answer to the OP's question but what I've quoted is irrelevant and doesn't have any bearing on what was asked.

The OP had the benefit of an income protection insurance policy, provided as a work benefit, for 5 years. That's not related to statutory sick pay or any other statutory obligations the employer has to the employee. It's just a perk some companies offer, like a company car or season ticket, which unluckily for the Op they have had a medical condition which qualifies them for it.

How do you know? Have you read the policy?


It could quite easily include those elements as part of the payment.

Nicki

In my personal experience, that's not how they usually work but I haven't seen the wording of the specific policy which applies to the OP, no

However neither have you and your first post on this thread categorically said that it would! You also mixed up stat sick pay, accrued annual leave and income protection in one sweeping statement which was what caused me to say your first post was useless to the OP

OP you may find this article helpful

http://www.shoosmiths.co.uk/client-resources/legal-updates/the-hidden-side-of-permanent-health-insurance-8914.aspx

The first step should be to speak to the provider of the policy, not your employer, to clarify whether there is anything in the policy about accrued leave. If there isn't then you are correct when you say it has been accruing during your time away from work and needs to be bought out.

getmore4less

Statutory holiday accrual/pay carries over if unable to take it

not just sick but other reasons are going through the courts

there are 3month and 2year rules that can impact how far back you can go but when leaving newer rulings may be of interest

Background

https://www.simpsonmillar.co.uk/news/unpaid-holiday-pay-claims-one-workers-battle-4141

Comms69

Nicki wrote: »

In my personal experience, that's not how they usually work but I haven't seen the wording of the specific policy which applies to the OP, no

However neither have you and your first post on this thread categorically said that it would! You also mixed up stat sick pay, accrued annual leave and income protection in one sweeping statement which was what caused me to say your first post was useless to the OP

OP you may find this article helpful

http://www.shoosmiths.co.uk/client-resources/legal-updates/the-hidden-side-of-permanent-health-insurance-8914.aspx

The first step should be to speak to the provider of the policy, not your employer, to clarify whether there is anything in the policy about accrued leave. If there isn't then you are correct when you say it has been accruing during your time away from work and needs to be bought out.

'I would suggest' - IE: Check!

linky

Thanks all, the info I had was on

https://www.personneltoday.com/hr/holiday-pay-owed-to-employee-on-sick-leave-for-year-tribunal-rules/

TELLIT01

I accept that is the way the law has been interpreted by the courts but it seems perverse to me. I can understand somebody being entitled to holiday pay in the first full year as leave is generally taken in arrears and has been accumulated by working. For that to be carried into years where the employee hasn't contributed to the company simply doesn't seem right.
Unfortunately the legal system has little to do with common sense or fairness.

linky

I'm in Scotland, will it apply?