accrued holiday while off sick

[d33]

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 ?

[honeybee13]

You might find some information here, d33.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251897-Sick-pay-amp-all-ancillary-beneifits-DO-accrue-during-sickness-*Correct-as-at-Feb-2014*

 

HB

[becky2585]

Were you signed off sick during that period?

 

Unfortunately sick leave and pay remains a grey area in UK law as our domestic legislation conflicts with EU requirements. However in my view, it's clear that leave accrues whilst you're on sick, and if you are too sick to take that leave, you should be given the opportunity to reschedule the leave.

 

The relevant case is Pereda, but this leaflet gives you some information - http://www.cipd.co.uk/NR/rdonlyres/22DA862E-21C0-4D99-857E-A70CFE1879F2/0/HolidayspostStringerandPereda.pdf

[ericsbrother]

do you have a company sickness policy you can refer to? If you are slaried then the holiday entitlemnt goes back in the pot but if you dont get sick pay then you need to look at what makes you better off in the longer run. Paid holiday or sick pay? Do you want to take the holiday later?

[d33]

I was signed off sick throughout the whole period. I looked on the government website it seems quite clear that holiday should accrue.

[obiter dictum]

When EU law conflicts with member state domestic legislation, EU law will always take precedent.

 

Costa v ENEL, Internationale Handelsgesellschaft, Simmenthal, Factortame II)

[stevemLS]

When EU law conflicts with member state domestic legislation, EU law will always take precedent.

 

Costa v ENEL, Internationale Handelsgesellschaft, Simmenthal, Factortame II)

 

It isn't as straightforward as that and ECJ jurisprudence always allows the state a "margin of appreciation" within which it is to implement EU Directives.

[obiter dictum]

These are not Directives. This is EU case law as to the CJEU

[d33]

It would seem i have up to 2 years to claim this back, i could be leaving my job in next six months, probably best not to make to many waves until then!

[becky2585]

It would seem i have up to 2 years to claim this back, i could be leaving my job in next six months, probably best not to make to many waves until then!

 

Only if there has been a series of incidents and/or a prolonged failure to act. It's a very tricky legal area at the moment - not least because arguably the court doesn't have jurisdiction to award "holidays" - it can only award "holiday pay". If you don't have any equivalent pay owing, then arguably theres no loss of pay, only loss of free time!

[d33]

It is awkward because i have actually been paid holiday pay when i should have been paid sick pay, the way it has been done i have lost out on 2 weeks holiday and docked a further days pay for continuing to be sick after this 'holiday' period, It isnt the first time i have heard of them doing this to other workers, one who threatened them with legal action just before he left and they reimbursed him automatically

[SabreSheep]

One day I hope you run your own business and you will definitely have a different attitude.

 

Attitude? What for, complaining about a company violating legal requirements?

[SabreSheep]

stop trolling.....