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Any employment experts to advice if this is correct.

20 replies

offlongtermsick · 26/08/2010 15:22

Hello

Sometome ago I posted about what I would be entitled to if I resigned (I am iff long term sick), I had requested the information from my employer but had not received an answer. Sorry don't know how to post link.
I received an answer today and don't know if its right.

2007 4.2 weeks
2008 4.4 weeks
2009 5.4 weeks
2010 5.6 weeks

on a pro rata basis for the year.

Does this mean almost 20 weeks holidays?

OP posts:

Report

lal123 · 26/08/2010 18:41

Is your contract full or part-time?

lal123 · 26/08/2010 18:42

Also - if this is what they are offering re holiday pay you are owed then you should bite their hands off as its far more than they are legally required to give you

hairytriangle · 26/08/2010 19:37

is this showing the amount of notice you have to give (tied to length of service?) Is it cumulative? ie: it goes up from 4.2 2007 to 5.6 2010?

I'm confused by what he list is. what do you mean 'what I'm entitled to'? what notice, what pay???

offlongtermsick · 26/08/2010 21:48

My contract states 1 weeks notice up to 2 years and a week for each year of service after that up to 12 weeks.
I have not been receiving a salary as on long term sick, but have a full term contract since 2005 so over 5 years.

By 'what I'm entitled to' I meant what monies would be due, sorry if this sounds mercenary but every penny counts, I didn't want to resign receive nothing then find out afterwards that there was a legal entitlement to e.g. holidays or notice pay.

I read the letter as being holidays due in each year since I went off, the layout that I used in my op was what was on the letter.

Thought it was too good to be true.

OP posts:

hairytriangle · 26/08/2010 21:59

I doubt you'd be entitled to paid notice - as you are currently on £0 pay so notice period would be at £0 pay.

But if they are saying that list is what they are prepared to pay you for, if you resign, in accrued holiday since 2007 since you were unable to take it, then it sounds like a gread deal to me!

llareggub · 26/08/2010 22:00

Can you post the exact wording on the letter? I'd be very surprised if your annual leave entitlement carried forward into the following year. I'd expect you to get the final year only.

Why are you resigning if on long term sick? How long have you been employed there? You may be better off waiting until your employers dismiss you for capability.

If you are dismissed, then if you have more than 2 years service then you are entitled to a week for every completed year of service up to a maximum of 12 weeks, so if you have 6 and a half years service then you get 6 weeks pay, plus your accrued leave.

If you resign, then you get your annual leave and whatever pay you'd normally get when off sick for the period of your notice.

Why would you prefer to resign?

lal123 · 26/08/2010 22:06

If they are going to pay you c20 weeks holiday pay they are being very generous as I don't think they need to let you carry forward all of that accrued leave

this link may be of interest - it refers to NHS employers - but outlines the case law etc.

lal123 · 26/08/2010 22:07

llareggub makes a good point re it potentially being better for you if they dismiss you - resigning might impact on any potential benefits you would receive?

offlongtermsick · 27/08/2010 18:29

Thanks all for your help and advice so far.

The wording of letter as follows,

In response to your query. Upon resignation you would be entitled to receive holiday pay that you have accrued during your period of absence.
This would be as follows and would be pro rata if time period is less than a full year

2007 4.2 weeks
2008 4.8 weeks
2009 5.4 weeks
2010 5.6 weeks

I was at work until May 2007 and didn't take any holidays for that year. My sick leave started in May 07 and am currently receiving no payment from my employer but incapacity benifit from Dept of social welfare.

I read the letter as I would receive for 2007 to 2009 14.4 weeks, then pro rata for this year eg end of sept 3.8 making a total of 18 weeks.
Is this how it sounds to you?
I would not be entitled to any benefits DH in full time work.
I know that I won't ever go back to that job and want to do the right thing, am thinking of maybe if I need a reference in the future.

OP posts:

LoveBeingInBed · 28/08/2010 08:24

Yes you are correct. If you have any questions just give them a ring and confirm it, i'm sure they wont mind.

hairytriangle · 28/08/2010 22:56

Wow. Take it and run for the hills, they are really good terms!

offlongtermsick · 28/08/2010 23:02

Would anyone try to negiotiate different terms, my contract states that my holiday entitlement is 20 days plus bank holidays which would mean 5.6 weeks each year or an additional 2.4 weeks.
How would this affect tax credits, would it be classed as income for this year or would it be backdated.

OP posts:

MrClaypole · 28/08/2010 23:30

Hi, I work in HR.

Do be careful as there has been a recent (aug 2010) tribunal ruling (Khan v McColl, google it!) where an employment tribunal decided in a similar case to yours that the employer only had to give the employee the holiday pay that had been accrued in the last 12 months.

If you push it with your employers and they read their HR magazines they may change their mind!

hairytriangle · 29/08/2010 20:37

I wouldn't push it, as MrClaypole suggests. I really do think they are being very, very generous to you already!

RibenaBerry · 29/08/2010 21:20

What Claypole says.

Also, I assume that they are carrying over statutory minimum holiday, not your contractual entitlement.

Take it and run for the hills.

offlongtermsick · 03/09/2010 16:18

Just to update you all.

Had arranged a meeting with management today, was kept waiting for 3/4 hour with no explanation while manager dealt with routine day to day running issues while ignoring me.

I had stated that I would need to collect my DC from school when the time was arranged, so after waiting for so long ended up leaving a note asking exactly how many weeks leave would I get and to please contact me.

Most disappointed.

OP posts:

flowerybeanbag · 03/09/2010 19:37

I thought you'd already had an answer as in your OP?

Portofino · 03/09/2010 19:47

You haven't been to work since 2007 and they will give you all that holiday pay! WoW! I would take it and run!

offlongtermsick · 03/09/2010 22:40

Not being rude as I do appreciate the help/advice but how many weeks am I going to get paid for?
That is what I want to know, so I don't think my question has been answered by my employer.

OP posts:

louvert · 07/09/2010 13:55

"I read the letter as I would receive for 2007 to 2009 14.4 weeks, then pro rata for this year eg end of sept 3.8 making a total of 18 weeks.
Is this how it sounds to you?"

I would say so, yes. It seems quite clearly to be saying that you'd receive approx 18 weeks (will vary slightly according to when you actually resign).

As others have said, I'd take it - quickly before they change their mind!

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