Jump to content


Sick for over 12 months - Holiday pay


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3749 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

If I am reading the question correctly - it's a bit hazy - you are entitled to any leave from a previous leave year which you could not take and you continue to accrue holiday whilst on sick leave. Was that the answer? If not I have miunderstood what you are asking.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------

I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------

Link to post
Share on other sites

during the previous year they were signed off sick for 12 months therefore could not take holiday are they entitled to all of it as pay or only what they normally would have been allowed to carry forward ie 10 days

Link to post
Share on other sites
If someone has been sick for over 12 months are they entitled to all their holiday pay for the year or just the carried forward element such as 10 days

 

The EE is entitled to all their statutory holiday entitlement if they were unable to take it due to sickness. A topic covered here: http://www.consumeractiongroup.co.uk/forum/showthread.php?251897-Sick-pay-amp-all-ancillary-beneifits-DO-accrue-during-sickness

 

Che

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

Link to post
Share on other sites

This may be a very stupid question but I will ask it anyway.

 

What about bank holidays ?

 

My contract says something to the effect that I get xx annual leave days per year including Bank Holiday's. I understand the wording may be the defining factor.

 

What happens if the time you are sick includes bank holiday's?

 

As I said most likely a stupid question...

Link to post
Share on other sites

There is an employee who has had numerous sick absences the latest being in excess of 12 months, before everyone goes off on one this person is trying to milk the system. They get sick notes from the docs which state depression, I know there are many people who are genuine sufferers and my sympathies go out to all of you. Basically because this person wont come to work others are having to take up the slack and with cutbacks they are now starting to feel the strain. This person is now classed as disabled so not sure what can be done.

Link to post
Share on other sites

Does your company have a policy for managing long term sick and capability?

Frederickson - CCA Sent 11/4/07 - Lost - Claiming back from post office

Connaught Collections - CCA Sent 11/4/07 - No Agreement - returned to client

Lowell - CCA sent 11/4/07 - No agreement - returned to client

Moorcroft - CCA Sent 11/4/07 - No Agreement - returned to client

Red Castle - CCA Sent 11/4/07 - Copy returned but no T&C's

Robinson Way - CCA Sent 16/5/07

Link to post
Share on other sites

So they rather have someone on their books, getting paid for doing nothing, rather than being a responsible employer.

 

The important thing with any form of dismissal, not just for capability, is they following correct procedure. They can contact ACAS who have a mine of information.

 

With capability, due to illnes, the important thing for the employer is talking to the employee, seeing if any changes can be made to get the employee back to work. This must be fully documented.

Frederickson - CCA Sent 11/4/07 - Lost - Claiming back from post office

Connaught Collections - CCA Sent 11/4/07 - No Agreement - returned to client

Lowell - CCA sent 11/4/07 - No agreement - returned to client

Moorcroft - CCA Sent 11/4/07 - No Agreement - returned to client

Red Castle - CCA Sent 11/4/07 - Copy returned but no T&C's

Robinson Way - CCA Sent 16/5/07

Link to post
Share on other sites

It depends on how much 'xx' is.

It's only the statutory minimum paid holiday entitlement (5.6 weeks) that is carried over.

 

So, for example, if you work 5 days per week your statutory minimum would be 28 days.

If 'xx' = 28 days the whole amount would be carried over.

If 'xx' = more than 28 days the extra days would not be carried over.

Link to post
Share on other sites

If 'xx' = more than 28 days the extra days would not be carried over.

 

By law! Nothing prevents the employer from carrying over all contractual leave, and many are doing so because this point is not yet fully clear in law. The rulings so far only defiitely cover the statutary entitlement, but case law has not yet determined what happens if XX is more than 28 days!

--------------------------------------------------------------------------------------------------------------------------------------------------------------------

I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------

Link to post
Share on other sites

And how does anyone know that they are getting paid?

 

What is the problem? Because the problem isn't theirs - whether or not the illness is real. So what is your concern with all of this, and what is your problem?

--------------------------------------------------------------------------------------------------------------------------------------------------------------------

I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------

Link to post
Share on other sites

Contractual holiday entitlement is that over and above your statutory minimum entitlement. e.g. if you work 5 days a week your are entitled to 28 days holiday in one complete holiday year. If your ER gives your 32 days you have 28 days statutory holiday entitlement each year and 4 days contractual holiday entitlement; (CHE).

 

The ER has considerably more discretion in how these 4 CHE days are dealt with, as they are not covered by the WTR 1998 - for example they could be paid in lieu if the contract made provision for this.

 

Thus, whether your CHE can be carried over is entirely a matter of contractual interpretation. If the contract says that they are lost if not used in the appropriate year, then assuming consent to holiday not unreasonably withheld this would almost certainly be legal. Conversely if the contract specifically states unused CHE can be carried forward, or it is implied into the contract by custom or practice then the ER may well be in breach if they did not allow you unused CHE in the following year.

 

Case law would be of limited assistance - unless you can find a case that has dealt with the interpretation of an identical or very similarly) worded contract of employment to yours.

 

Hope this helps clarify this

 

Che

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

Link to post
Share on other sites

A question that someone might be able to help me on.

I work as a contractor so I am aware I do not have the same employment rights as permanent employees, so my question is about contract.

My contract was due for renewal mid Feb at about Christmas I was approached by someone who wanted me to work with them this person and my boss are personal friends with each other and I know them on a social basis as well. I spoke to both over dinner at the same time, they offered me the same rate of pay one was on the basis of extending my current contract and the other on a new role with them.

When I received the contract renewal it was at the old rate, I queried it and the next thing I know the contract was withdrawn. It had not been signed.

I am assuming there is little I can do about this but can anyone see if I have a case based on the contract that was delivered to me?

Link to post
Share on other sites

i believe what you recieved through the post was a offer as it was not signed and posted back to then become a contract - until you show that you have accepted it either verbally or more formally with a signature then it is treated as a offer which unless it say please reply by march [imaginary date] then the offer can be withdrawn

 

did the delivered papers have a reply by date as that shows more of a case that they should leave the offer open until the expiry date

 

did you sign it or say you accepts offer A or B prior with either boss or his friend prior to the renewal

 

it might be that the boss withdrew the renewal as he forgot to adjust the pay to match-compete against his friend and a new renewel is on its way. so it might be worth buying your friend-boss a pint at the pub and have a off the record chat about what happened to letters. buy him a bag of nuts or a packet of crisp to lol sweeten him up and keep it positive

Link to post
Share on other sites
A question that someone might be able to help me on.

I work as a contractor so I am aware I do not have the same employment rights as permanent employees, so my question is about contract.

My contract was due for renewal mid Feb at about Christmas I was approached by someone who wanted me to work with them this person and my boss are personal friends with each other and I know them on a social basis as well. I spoke to both over dinner at the same time, they offered me the same rate of pay one was on the basis of extending my current contract and the other on a new role with them.

When I received the contract renewal it was at the old rate, I queried it and the next thing I know the contract was withdrawn. It had not been signed.

I am assuming there is little I can do about this but can anyone see if I have a case based on the contract that was delivered to me?

 

A conmtract can be formed either in writing or verbally. The problem with the latter is that you cannot prove it usually. And in this acse you cannot. So since you rejected the terms of the pay (yes, I know you said queried - they obviously took it as rejected!) then the only evidenced contract does not stand because it was never agreed. Sorry.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------

I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------

Link to post
Share on other sites

I thought that would be the case, but I have an email from the manager stating the contract has been approved this was dated 19/1/11, I also have an email from HR asking that I sign and return ASAP this was sent to me on 28/1/11, I was told on 3/2/11 that the contract was being withdrawn, 28th January was a Friday notice of withdrawal was on Wednesday.

 

Based on the line managers email I had made a number of commitments which are now going to cause me a problem

Link to post
Share on other sites

This is the email confirming my contract is being extended (names deleted for obvious reasons)

 

HI xxx

I know you are worried with me leaving but you really dont need to be. 6 month extension is just being processed for you, xxx xxx who is the director for this has just approved that. Anyway I am not in xxx tomorrow as I am stuck in xxxon xxx every night this week.

Best regards

XXX

Link to post
Share on other sites

Yes, I see. It is a little ambiguous, since it doesn't say that anything other than it is being processed - it hadn't been signed, sealed and delivered. You might possibly (just possibly) try to claim that it had been agreed - but I suppose the question would be, where would that get you? I presume that the contract can be broken anyway by the giving of notice (so all they would need to do is give notice), and you could be certain that taking, or threatening, legal action may mean you get a few weeks pay, and never work for them again. Unfortunately, as with someone else her recently, the problem is that you cannot force someone to employ you if they don't want to.

 

Have you tried asking for an explanation for this - it may not help you, but there could be a really good explanation, like not having any money!

--------------------------------------------------------------------------------------------------------------------------------------------------------------------

I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------

Link to post
Share on other sites

The reason why they did not extend me was the 1st person had recommended me to this person, they wanted me to pay them a daily overide rate even sent me a contract for a referral fee. I have refused to pay and so my manager who is influenced by this person got a bit "testy" and said the contract had been pulled citing stuff which was basically lies as a reason why the contract got pulled.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...