Annual leave while off sick?

Options
Geallu
Geallu Posts: 47 Forumite
in Employment, jobseeking & training
Hi, I hope someone can help me?
I have been off work with an industrial injury for over 20 months! I have now been dismissed due to capability. Can I claim the annual leave that I had not taken in 03/04?
Thanks
Geallu x

Comments

  • withabix
    withabix Posts: 9,508 Forumite
    Options
    No. You will not earn leave whilst off sick, unless your industrial injury was the proven fault of your employer.
    British Ex-pat in British Columbia!
  • Savvy_Sue
    Savvy_Sue Posts: 46,024 Forumite
    Name Dropper First Post First Anniversary
    Options
    See this thread. I haven't read all the links posted towards the end, so don't know which side of the argument they come down on.

    What I'm trying to say is that in your situation, since you haven't worked for over 12 months you're not entitled to any paid holiday, but someone who has worked for at least part of the year should be: but you need to take your paid leave in the right leave year, you can't carry it forward to another leave year.

    I hope I'm making sense! And sorry that we're not bearers of good news ...
    Signature removed for peace of mind
  • Geallu
    Geallu Posts: 47 Forumite
    Options
    Yes, my employers have recognised it as work related injuries!
    Thanks Sue have read the other links, appears I do not have a case.
    I just find it very strange that, one can be off sick...take a/l... and then continue sick!
    Oh well, thanks again for you help.
    Geallu x
  • Savvy_Sue
    Savvy_Sue Posts: 46,024 Forumite
    Name Dropper First Post First Anniversary
    Options
    Geallu wrote:
    I just find it very strange that, one can be off sick...take a/l... and then continue sick!
    Well yes, but if the alternative is that you finish your sick leave and promptly take your annual leave entitlement, is that any better? I don't think it would be fair to lose your annual leave entitlement because you've been off sick. Wouldn't help your return to work very much, IMO!
    Signature removed for peace of mind
  • Geallu
    Geallu Posts: 47 Forumite
    Options
    Sue, unfortunately there will be no return to work...for the forseeable future :(
    thanks again for your help.
    Geallu x
  • karenj
    karenj Posts: 181 Forumite
    First Post First Anniversary Combo Breaker
    Options
    Whether it was an industrial injury or otherwise, you are still entitled to holiday leave/pay. If you are unable to take leave within the company's annual leave year due to sickness/illness, then they have to pay you for this. Case law (I can't remember the name) actually determined this, so don't let them get away with not paying you for time you could not take within the holiday year. They have to pay you. If I get hold of the case, I will forward later.
  • Jacster_2
    Jacster_2 Posts: 1,192 Forumite
    Options
    karenj wrote:
    Whether it was an industrial injury or otherwise, you are still entitled to holiday leave/pay. If you are unable to take leave within the company's annual leave year due to sickness/illness, then they have to pay you for this. Case law (I can't remember the name) actually determined this, so don't let them get away with not paying you for time you could not take within the holiday year. They have to pay you. If I get hold of the case, I will forward later.

    This was true up until a week or so ago. For a few years it has been interpreted that everyone (regardless of whether they are at work or not) is entitled to 4 weeks annual leave under the working time regulations.

    A week or so ago, another case was heard at a senior court - either Appeal or House of Lords (sorry, can't find details...so annoying!) and this has overturned this case.

    Basically, this most recent case law says that if you are off sick for a whole holiday year, you lose your holidays for that year.

    Sorry, this isn't the news you want to hear...

    You should be entitled to holidays for the current holiday year, though.:o Go back and check for them... Good luck.
    If it was easy, everyone would do it!
  • pdx123
    pdx123 Posts: 294 Forumite
    Name Dropper First Post First Anniversary
    Options
    Hi Jacster,
    I believe this is the case you were reffering to:

    http://www.cobbetts.co.uk/main/cms/cmRender.asp?i=1374

    extract:
    'The Court of Appeal has held that an employee who is absent from work due to long-term sickness is not entitled to accrue statutory holiday pay whilst they are off sick.'
    Love is GRAND..........Divorce is 100 GRAND!
  • Geallu
    Geallu Posts: 47 Forumite
    Options
    Thank you Karen, Jacs and Pdx, I was informed on the 7th April my contract would be terminated. I am still waiting for this to be finalised! So maybe I am still technically employed?

    This journey has been like a long roller coster ride :confused: and just when I think it may be coming to an end, yet another hurdle they put up :pale: no wonder some people just give up the fight!
    For my own sanity, I think I will let my union rep deal with it.
    I really do appreciate all your comments and help, thank you again and I hope I will be able to come back here and let you know the final outcome?

    Geallu xxx

    P.S. Karen, If that case is valid, I would be interested to read it.
  • Geallu
    Geallu Posts: 47 Forumite
    Options
    sorry I do not know how that second icon got in there !
    G x
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards