Long term illness & holiday entitlement.

[chrishumphries]

My recently previous employers had a rule that if you were sick for any period of time you lost that proportion of your holiday entitlement because you did not attend work to accrue it . I recently had a month off following an accident caused by a broken safety switch on my mill. I was nt best pleased to find I was not allowed to claim back the three days compulsory holiday taken over Christmas , and I lost an additional two days holiday for taking a month off for an accident caused by their negligence. An insurance claim is on the horizon !

[Typhoon190]

Originally Posted by MrDoodles

I understand all that and I'm really pleased that you are a Cancer survivor!

I'm just saying that after 6 months off on the sick, forcing the issue in the current job market might not be the wisest thing to do!

Hope you get it and that it doesn't cause you any problems!

I understand your point here, but surely that's what rules are there for, to make sure there is no ambiguity. Too easy for both employee's and employers to exploit the other party otherwise.

[Mikeal1]

Originally Posted by Typhoon190

I understand your point here, but surely that's what rules are there for, to make sure there is no ambiguity. Too easy for both employee's and employers to exploit the other party otherwise.

And that's exactly what employers want, staff to shut up and say nothing because of "the current job market". Employment law is just that LAW, regardless of economic climate.

[Astraeus]

Originally Posted by Mikeal1

And that's exactly what employers want, staff to shut up and say nothing because of "the current job market". Employment law is just that LAW, regardless of economic climate.

Don't quite see the issue here. He was off seriously ill. That is no holiday, I can tell you! He IS entitled to his accrued holidays. End of.

Been there, fortunately not cancer but seriously I'll.

You have my support mate.

Chris

[Mikeal1]

Originally Posted by Astraeus

Don't quite see the issue here. He was off seriously ill. That is no holiday, I can tell you! He IS entitled to his accrued holidays. End of.

Been there, fortunately not cancer but seriously I'll.

You have my support mate.

Chris

You don't need to tell me. He is my dad.

I was merely pointing out the fact that staff should not be afraid to stand their ground regardless of the economic climate.

[trebor]

I would like to think that loyalty swings both ways but how wrong can you sometimes be, I realise that the UK is struggling financially but a decent employer would surely have let you carry the leave over by checking the facts first as you did to be sure of their ground before refusing.

Blimey anyone would think you had been swinging the lead, you had the big C for Christs sake so well done for standing up for yourself !

Look forward to shaking your hand at the next nano meet and congratulations on winning both fights !

[Avulon]

My experience is that loyalty never swings equally both ways. Some employers are better than others but none are loyal to their staff in the same way as they expect loyalty. I have a fairly good employer (thankfully) but they still don't go the 'whole hog' as you would say. One thing I did find out this year though is not only can you not lose holiday accruement due to illness: but also that if you happen to fall ill during a holiday that not only should you notify your employer, but that the holiday doesn't actually count as being taken! e.g. you book a week's holiday off work only to get gastroenteritis or something and be ill all week, notify your employer as you would had you been expected at work (daily). When you come back off the sick you still have that weeks holiday to re-book!

In fact the page outlines that and the carry over of accrued if off sick.
https://www.gov.uk/taking-sick-leave

Statutory holiday entitlement is built up (accrued) while an employee is off work sick (no matter how long they’re off).
Any statutory holiday entitlement that isn’t used because of illness can be carried over into the next leave year.
If the employer agrees, employees can choose to take paid holiday while on sick leave. For example, because they don’t qualify for sick pay. Any rules relating to sick leave will still apply. Also, if an employee is ill just before or during their leave, they can take it as sick leave and take the missed leave at a later date.

[Simondi]

I'm glad that you have regained your health and that you stood up for your rights - despite the current climate.

Sadly this is not uncommon and as such I have had to escalate many such cases for my members up to senior management to get accrued holidays paid.
This and other issues is why our membership is on the up

[Dragrad]

Originally Posted by riclin

Hi all,
Don't know if I'm posting this in the right place? (can a mod please move it if necc,thanks)

Thread moved to appropriate forum. Re-direct left in old.

[SapperGB]

Glad you had a good result although you didn't need the stress after everything you have been through.

Employers these days really do take the biscuit, im currently in the process of drafting up a letter relating to shift changes being forced without carrying out the correct (lawful) protocol.