Now facing redundancy … the story continues

[Jab254]

Sorry for not updating sooner… but I have now been put on a two week “Consultation period” for redundancy and the next hurdle is whether to sign a “Compromise Agreement” which does not include my previous years accrued holiday.

If I don’t, I think I might have grounds for unfair dismissal and for claiming my back dated unpaid holiday but at what risk. ????

First of all thanks to BigRedBus to your help on my first posted query “HELP – Can’t get back to work after long term sickness” which detailed the mess I am in.

Then to Elpulpo, Conniff and Elche for your thoughts regarding my second posted query “Entitlement to Holiday pay while off Sick”

I think I agreed with Elche’s point of view and my understanding of my case (as taken from Elche’s very informative text) regarding holiday pay while off sick is:

“It only relates to statutory holiday entitlement (4 weeks)

Must be paid for it at their normal rate of pay

The ability to accrue and to recover holiday is covered by Working Time Regulations 1998 (WTR).

But the failure to pay the accrued holiday is covered under the Employment Rights Act 1996 (ERA 1996) as an unlawful deduction but there is a time limit of six years running from the date of the breach.

It also means that an employee who quits or loses their job while on sick leave is entitled to a lump sum payment in lieu of holidays accrued but not taken while they were sick, on top of any redundancy or termination payment.”

 

With respect to my circumstances:-

I was in hospital with cancer for a year in 2006

Then spent a year at home recovering

Then had some knock-on effects from the chemo which resulted in an operation.

I was on full pay for the first year and then two thirds paid by my employer insurance company. I was not deemed fit by the insurance company rehabilitation consultant until 2009 and not seen by the employer’s doctor until this year.

So I think I am right in saying that my employer deemed me unfit to return to work until 2010 so I should be entitled to my accrued statutory holiday entitlement from 2006 to 2009 on top of any redundancy or termination payment.

What do you think ?

Many thanks