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walshy76

Advice needed on OH dismissal

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Hi

 

Any advice for us will be great. The company dismissed Mrs after 3 years service due to her ill health disability. She is now disabled due to a post preganacy illness. (Got whilst pregnant - & continued post birth) Anyway, the company has paid 4 weeks salary for notice, but states no holiday accruement is entitled. Now she has 78 days holidays over the last 2 years & has pointed out to HR that the Court of Appeals have said that workers on ling term sick should get their hols paid.

 

The company have stated they will not be paying for hols as in their opinion of the appeal they do not have to pay anything before the june 09 date has this is when the court made the decision, Hr & manager also said they beleive this is still not finalised & they feel fair that 4 weeks is correct, they have run it past their in house legal team who agree I am not entitled to anything.

 

Have I mis-understood the long term sickness appeal ruling?

 

Unfortuanlty her absence management hearing was first cancelled as she was in hospital, then the company wanted her to attend 3 days later at the office 40 miles away she explained she couldnt get there, & could come to our home but they wouldnt allow her carer to attend as only a staff member or union rep (didnt have union) or know any staff members. All old collegues was made redudant. Anyway, they held it over the phone even when she stated she had just come out of hospital & was on a high strength of valium - they said that was ok they still needed to continue - is this fair / right?

 

Sorry for all the questions I am just making sure she is protected the best I can. Cheers

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Hello, anyone can offer any advise on this?

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