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Everything posted by whitty1975

  1. Cheers for the replies guys, I work a 5 day week so would be entitled to 28 days in total, the holiday year runs April to April. I have consulted the PI solicitor and he advised that as long as the resignation includes that it is on Health grounds that I am resigning it won't affect the claim. I am going to speak to ACAS and CAB before I respond to the company in any way and then possibly get the help of a specialist solicitor to help in the matter. Once again thanks for all the replies and advice
  2. Hi, thanks for your reply. I have been employed by the company for 5 yrs and I do have a contract. the company have not made any mention of PILON. I have a disc prolapse in my back the problem kept me off work from November last year at which time the company sent me a letter to say that if i could not return in a acceptable time span they would have to consider terminating my employment, they also asked for permission to access my medical records which i agreed to. they didn't make any contact until the beginning of this November(which i didnt expect as they don't really give a toss about employees but would have been nice for them to ask how I was doing).now I suspect they have only made contact because I have started proceedings against the company for the injuries sustained whilst in there employment because of poor working practices they had in place but that is a different matter. They made contact this November to ask if I would be returning and when I said I wouldn't be able to carry out my duties due to the health problems they said that maybe i should resign my position to enable them to fill the position.(even though they already have somebody in place doing my job and have had for some time, they have given him a different job title but he is carrying out my duties). I suspect they know that if i resign they would have a better chance of not having to pay me any money owed. I am going to contact ACAS and the CAB to see where stand with regard to this matter before I go any further again thanks for your reply and good luck with your case. If there are any other experts out there who can give me any more input on this it would be greatly appreciated.
  3. Hi all, I am after some advice on my entitlements. i have been off work for 12 mths now and will be unable to return to work due to a health problem, my employer wants me to resign my position due to this(which i have no problem with) but i am wondering what holiday pay I should be paid as they say i am entitled to nothing more than the week in hand that was taken from my 1st pay packet. I was paid for bank holidays and accrued 1.8 days paid holiday for every completed month of employment they paid me ssp for 6 mths then i went onto ESA. during my absence i was not paid for bank holidays or the holidays i had accrued (7days) before going off sick which would now fall into the last financial year so i understand i may have lost those (other employees have been able to carry untaken holidays forward to this year). Can anybody give me any advice Thanks
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