SSP and Holiday entitlement

[Highland Bhoy]

Hi, 

I wonder if anyone can advise here.....

 

I have been with my employee under 2 years, it'll be 2 years at the end off the year, but I was on the shielding list due to my illness and have been off work since Jan. I had to get emergency surgery at the end off march and ended up staying in hospital nearly 2 months and was touch + go, but I'm here.

 

So I obv had to let my employer know that I would be off. I had an Occy Health call and we decided that I could return to work but on a reduced working week and start gradually working longer hours.

 

I lasted 2 weeks as I was exhausted so had to get signed off again and am waiting to go back into hospital due to my illness. I had another Occy Health call today and she was trying to tell me what was wrong with me, we obv had a disagreement but my employers obv had certain questions to which I answered honestly.

 

I am now starting to think that they wish to 'get rid off me', I could be wrong but that's my feeling. I am covered under the DDA and they have acknowledged this and when I call work to say that I'm off, they keep asking when 'i'm coming back as they are short staffed'.....so my question really is, what can they do in terms off my employment?

 

Any help/advice is much appreciated 

[honeybee13]

Hello, welcome to CAG.

 

I expect people will be along later to advise you. In case it helps them, would it be possible to give us an idea of what your health problem is and what sort of work you do, please?

 

Best, HB

[BazzaS]

Bear in mind that they only have to make “reasonable adjustments” for disability, and in the end they have to consider “are you capable of doing the job?”.

[Emmzzi]

Hi,

 

I'm sorry you are having health problems. 

 

The DDA has been superseded by the equality act, so I worry that the advice you are getting may be a little out of date.

 

An occupational health referral at this stage is probably seeking to advise on when/if you are likely to return to work. They need an idea of that to know what the next steps are. A few months - they might hold the job open. Longer, after the time off already, that just may not be viable - they need the work done. As long as you are on the books, you still accrue holiday, and various other costs for the employer. That probably won't go on indefinitely.

 

So the question is, are you going to be fit to do the work, and if so, when? Harsh as it sounds, your employer needs a job done, and while they have a duty to make "reasonable" adjustments, they are not there to replace out of work benefits.

 

[Highland Bhoy]

On 03/09/2021 at 22:10, honeybee13 said:

Hello, welcome to CAG.

 

I expect people will be along later to advise you. In case it helps them, would it be possible to give us an idea of what your health problem is and what sort of work you do, please?

 

Best, HB

Thanks for reply, I don't/can't say to much due to the fact that there is eyes + ears everywhere! But I have a long term chronic illness, Crohnsccolitis, have had it for near 20 odd years. 

[Emmzzi]

So they definitely need a log term medical opinion on that one. Some people can manage the symptoms to the point where they can work, and some are sadly unable to.

[Highland Bhoy]

34 minutes ago, Emmzzi said:

So they definitely need a log term medical opinion on that one. Some people can manage the symptoms to the point where they can work, and some are sadly unable to.

Hey, I have worked all the way through it. Iv had 3 major operations and have obv been off recovering from them but it's one off those things where it's incurable so I just carry on. Hard some days though, especially doing a 9+ hours a day......

[Emmzzi]

So right now, you have had a hospital stay, and after that, you were able to work for two weeks only. And right now you cannot work.

 

Your employer needs to make a decision about whether you can actually do the job, or not. They can't hold a vacancy on the off chance. They employed you because they need a job done.

 

If there isn't a reasonable date for you going back, I would expect them to start an ill health dismissal process. Sorry to be blunt, but forewarned is forearmed. Happy to advise on correct process if it gets to that stage. 

[Highland Bhoy]

Had a feeling that's what you might say......

[Highland Bhoy]

Hi all, need some advice.

 

I went through major surgery in April that's when things went a bit wrong.

 

I've been off work for more than normal. I've been on SSP and due to return back to work.

 

My question is,

I have nearly 20 days 'holiday entitlement' but my employer is rejected my application for them and will not carry them over.

 

They work on a 'dont use it then you lose it' policy. Now obviously  outside of my control that i've been off work but I'm not sure where I stand on this.....

 

Can anyone help or point me in right direction?

 

Thank you 

Edited December 1, 2021 by dx100uk
formatting

[dx100uk]

old and new threads merged for complete history

 

dx

 

[Highland Bhoy]

7 minutes ago, dx100uk said:

old and new threads merged for complete history

 

dx

 

Thanks, I totally forgot about this post

[Emmzzi]

Hello,

 

they can refuse to carry over any non statutory holiday (statutory for full time is usually 20 days  plus however bank holidays are handled)  So if you get eg 25 days, they could legitimately have a policy of 5 days not being carried over.

 

You would get leave / holiday pay instead of sick pay, not as well as.

 

It also depends a bit how long you have been off for. Carry over limit is 18 months.

 

See ACAS for more info.

Sick pay and holiday pay: Checking sick pay - Acas

WWW.ACAS.ORG.UK

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What happens to pay if sickness and holiday occur at the same time. Includes information on taking and building up holiday while off sick long...

 

 

 

 

Edited December 1, 2021 by Emmzzi