booking holidays whilst signed off sick

[marke32]

My relationship with my employer has completely broken down and after javi7a row with my manager in which she swore at me and vice versa, they tried to suspend me, but I got signed off sick and still am. I have absolutely no intention of returning to work there, being a time served Decorator I am going to go self employed. My problem is although I am currently off sick I have emailed work requesting some holidays as I was led to believe I can do this even if off sick. I sent the first email over a week ago without reply. I have sent another today asking if they can either confirm my holidays are booked, or if they are refusing them why. what do I do if they fail to reply again? and if they just don't give me them?

[obiter dictum]

You still aquire holiday entitlement when on the sick. This will be a condition of the working time regulations and contrary to section 13 employment rights act unlawful deduction of wages. You are entitled to 28 days leave a year or 5.6 weeks a year . That being if you work 5 days a week so 5 x 5.6 = 28

[renegadeimp]

They can tell you that you can take them on certain dates. Those dates dont have to be the ones you gave them, but they cannot refuse to let you take the holiday allowance if youve asked for it.

[marke32]

They can tell you that you can take them on certain dates. Those dates dont have to be the ones you gave them, but they cannot refuse to let you take the holiday allowance if youve asked for it.

 

The dates aren't really relevant because I am not at work and have no intention of going back. so what do I do when they don't even reply to my request twice

[obiter dictum]

Grievance letter, if they do not respond letter before action then ACAS

[marke32]

yeah I'll send a letter, but I've spoken to acas twice and got conflicting advice both times. thanks for your help it's appreciated

[obiter dictum]

Acas generally are as much use as a chocolate teapot, but you have to use them

[marke32]

Acas generally are as much use as a chocolate teapot, but you have to use them

 

acas can't do anything though

[obiter dictum]

If you want to take it to an Employment Tribunal Acas have to negotiate with the employer first. They have to be involved as they give you a code to allow you to submit a Tribunal claim if they cannot reach an informal agreement

[Guest topcat14]

The issue is almost null and void if you are leaving anyway. You will get your holiday pay if you take the time or not, if you don't then you have the right to take it to ACAS

 

So if they do not respond, just resign giving your contractual notice to the end of your period of fit note date, and all will be well.

[ericsbrother]

any holiday pay will be paid as normal pay in the notice period. they cant not pay you waht is due but they dont have to agree to any particular date. Why drag things out if you are going self-employed, jsut give them teh required notice and make a big fuss if they dont pay you at the end of your employment