Holiday Pay

[Dental Tourist]

Hi

I ceased employment in September of this year when I reached 30 years service. I was allocated a number of days leave for the period January 1st to September 3rd when I retired. I took some of these days as holiday but was unable to take the rest because of illness.

My employer agreed to pay me for 10 of these days but has decided they will not pay me for a further 7 outstanding days.

I consulted a solicitor who quoted some case law to me which says that because I worked part of the year then I should be entitled to all my holiday pay but my employer still says no.

Is the next move small claims court? Are there other avenues I should persue? Should I take the money and run?

[Bigmac versus]

Hi Dental Tourist the saddest thing about all of this is that after 30 years of service this could happen.
Can you provide some more information such as why your ex employer refuses to settle, was it because you were sick before your holidays were due to be taken and didnt return till after them?

[Dental Tourist]

I've pasted the most recent reply from my employer below. I've asked on numerous occassions for them to explain why I've only recieved part of my entitlement and all I get is because it's brigade policy.

You were sent a breakdown of your leave by (EDIT)on the 4th September. This showed 10 days you have been paid for and 7 I decided not to, due to normal brigade practice. You have highlighted case law to show that you are entitled to payment for it all. I have read the case, and taken advice but my interpretation is that you are in fact only entitled to leave from 1st January 2007 until 8th May 2007 (when you last booked sick).You were sick from the 8th May until your retirement. The case law shows that you are not entitled to leave for this period because you didn't in fact return to work. This means that you owe the brigade one days pay back. I feel that this is now an end to the matter.

I was allocated a set number of days leave for the year which ordinarily I would have taken but unfortunately I was sick.

I love the line 10 days you have been paid for and 7 I decided not to

[Bigmac versus]

Dental Tourist I have moved your thread here where you may get the advice you need.

[OrangePrimate]

have discovered this past week that there is case law that states to accrue holiday you actually have to work. if off sick you dont then 'earn' the normal holiday entitlement you would if in work, so in this case your emnployers are correct.
I will find the relevant details and post - this was a case that went to employment tribunal, then appealed and ended up in the House of Lords!

[Dental Tourist]

My information (which I paid for) is that if I worked part of the year I get all the holiday due to me and this was based on case law. I could have taken all my leave at the start of the year and then booked sick... shame.

As Bigmac versus says it's a shame it comes to this after 30 years but my employer couldn't even get my letter of thanks right. They wrote (after I prompted them) saying 'on your forthcoming retirement' when I'd been retired 3 weeks. Not a good advert for the fire brigade.

[OrangePrimate]

the case law i am referring to is from a case that went to Employment tribunal, appealed against then ended up in house of lords (i think!) this was last year and was since the case you are refering too. Just wish i could re-find the details of it!! have saved it in a safe place, too safe! I know from reading some HR based sites companies are starting to save themselves a few bob by starting to include these new rulings in their absence policies.

As for your employers, well, after 30 years, regardless of anything else to treat you like this is disgraceful. cannot believe they would take this stance with someone who is retiring after such a period of service.

Hope you enjoy the rest and the lay-ins now!

[Goldlady]

Subscribing as I may be able to find out a bit more. I know Sage Payroll continues to accrue holidays when you are on the sick but I am not sure about the legalities. It is a bit tight fisted to say the least.

[Dental Tourist]

Spoke to the CAB yesterday and was told to write to my employer stating my grievance and giving them 28 days to reply. The guy I spoke to said it sounded unlawful to him. So.... the letter will go this morning next stage according to the booklet is a meeting arranged by the employer and then application to the tribunal.

[Lula]

Hi, I am in no way an expert, but I have just got this from
Holiday entitlements: taking your holidays : Directgov - Employment

If you have been off sick for the whole of the holiday year, there is no legal right to receive any holiday pay when you leave.

I suppose that might be taken as part of also, but I agree, after 30 years, it is a bit of a kick in the teeth