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Hi, i have recently been off work sick for a month, during this time i had previously booked some annual leave. So it turns out i am off on painkillers etc unable to go on holiday. My company have paid me and docked my holiday entitlement, and cheekily docked me 3 days pay for the period after i am assumed to have 'returned to work from my holiday, when i was obviously sick throughout anyway. i emailed my h r department who clarified this was how it had been calculated, buy am i not legally entitled to transfer holiday if i am off sick ? My company have avoided answering this ?
Hi everyone I wonder if someone can advise me? I work for a recycling company. The companies workforce is supplied by an employment agency. I am one of the workforce. The company decided to cease working with this agency and brought in a different on. I shall call the first agency.. Agency A and the newer second Agency B. None of the workforce knew that the company was bringing in a new agency. The first we heard of it was when we were brought into the office one at a time. This new agency told us that come the end of the month (March) they would be supplying the company with workers. We would be working for this new agency from 1st April and everything would be the same . They also advised us to take all our holidays before they took over because this new agency based their holiday year from April to March. So in effect we would start with a clean slate. Agency A called into the company on the last day of their contract and spoke to us. They said that no matter how often they called Agency B they could not get together to discuss TUPE. I was advised to sign the TUPE agreement to protect my rights, which I did. As it was already the middle of March not everyone could take their holidays in so short a time so I emailed/telephoned Agency A and asked them to pay me for the outstanding holidays I would not be able to take. Anyway, I am now working for Agency B and all seems well except that when I mentioned my accrued holidays they said I should contact Agency A and get them to pay up. I have now received a letter from Agency A stating that under TUPE any accrued holidays transfers to the new employer. So I am at a loss what to do. Agency A says TUPE applies Agency B says not.
I have just returned to work after six months sick leave. My employers only pay SSP. My contract is for paid bank holidays plus 25 days annual leave. Holiday credits accrue at the rate of 0.52 days for each full week worked, absenteeism other than industrial injury results in non-accrual of holiday credit. My employer closed down at Easter and Christmas (although workers can still go in if they haven't enough holiday to cover these periods). My employer automatically paid my holiday pay for Easter and Christmas while I was signed off sick. I have now been told that I have lost some of my holiday entitlement because I have been off sick. I have applied to take a week's leave and have been told as I have already been paid for Easter and Christmas this will be unpaid. Can they do this? I thought that all types of sickness accrued holiday entitlements. Also can they automatically pay holiday pay as well as SSP even though I couldn't take holiday at that time? Thanks
I was employed on the basis of basic plus bonus (the bonus was the majority of my wage). I ended my employment with holiday pay outstanding. The company have since confirmed in writing that 1) Holiday pay I received is for basic salary only. 2) Holiday pay is based on average earnings (basic plus bonus). 3) Other employees have confirmed in writing they were paid on basic plus bonus for holidays taken the same month. 4) My ex employers will not offer any explanation for the shortfall. I cannot go to the Employment Tribunal as it is out of time but any advice is appreciated.