part time job nightmare

[aitch4h]

I had to get a part time job approx 5 years ago to help with my finances. (The hours fit well into my main job which is mon-fri 9-5) Due to shift changes at the p/t job my hours were changed from 3on 3 off (4hours per day) to sat + sun (7 hours per day) effective from May 09.

 

Due to an injury I was signed off by the hospital specialist from Jun09 to mid Nov(apprx 22 weeks).

 

When I returned in Nov, the HR dept adv that they would put relocate me in a smaller work area to assist my return to work for 3 months and that I would report to the line manger for this smaller dept and monthly reviews would take place to see how I was progressing.

I thought this was a good idea and accepted.

 

The first review only happened after 6 weeks and during this review I asked for how much holiday I was entitled to as I was becoming concerned that vacation had to be taken by the end of March.

 

My temp line manger advised that she would check with HR and get back to me. More time passed and I decided to contact HR myself as I had heard nothing back.

 

Anyway HR advised that it was my line manager that should work out and allocate my holiday.

 

I finally received a call advising me that I was entitled to 9 days for the year because I did not get holiday whilst out sick.

 

I was really concerned at this because the HR dept at my main job had advised all employees that you DO accrue holiday for the whole year even if you are on long term sick.

 

I decided to call ACAS and gave them the exact dates of my sickness amd also the holiday allocation for a normal year with my company seniority. ACAS advised that I was entitled to 12 days which is 3 more than I have been given.

 

I tried to talk to my line manager about this and ....yes , you guessed it....... she told me to contact HR because she was only going by the employee handbook which was printed in Apr 09.

I called HR and tried to explain the situation and was advised that they aware of the House of Lords case but this was a test case and that I had to abide by the rules in Employee handbook due to what I had signed in my contract of employment to go by company policy.

 

The company allocated my 9 days over the last few weekends and I am due to return to work next Sat but I believe that I am still owed 3 days vacation.

 

I'm so sorry for such a long e-mail but any advice would be much appreciated. Thanks you.

 

Anyway the

[aitch4h]

is the employer right when they say that the House of Lords ruling is a test case and that they still are deducting annual holiday allocation due to sickness?

[Bigredbus]

You are most definitely accruing holidays during your sickness period... and if you are entitled to 12 days, then you should go back to your HR dpt and contest their facts... and request that they call ACAS if they need clarification...

[Uncertain]

Rules in employee handbooks can never take away your basic legal rights. The recent H of L ruling means that this is now the law until parliament legislates otherwise. Your employer cannot legally give you less that the statutory minimum holiday (5.6 weeks per year). There is no doubt that this accrues all the time you were off sick.