We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
Annual leave while off sick?
Geallu
Posts: 47 Forumite
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
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
0
Comments
-
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!0
-
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 mind0 -
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 x0 -
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!Geallu wrote:I just find it very strange that, one can be off sick...take a/l... and then continue sick!Signature removed for peace of mind0 -
Sue, unfortunately there will be no return to work...for the forseeable future
thanks again for your help.
Geallu x0 -
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.0
-
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!0 -
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!0 -
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
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.0 -
sorry I do not know how that second icon got in there !
G x0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 353.7K Banking & Borrowing
- 254.2K Reduce Debt & Boost Income
- 455.1K Spending & Discounts
- 246.8K Work, Benefits & Business
- 603.3K Mortgages, Homes & Bills
- 178.2K Life & Family
- 260.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards