FOR BEN JONES ONLY
Relating back to our former correspondence, I found this on the internet
"The ECJ ruled on 20 January 2009 that statutory entitlement to paid annual holiday continues to accrue during sick leave, even if the employee is on sick leave for the whole year. In addition, workers can take statutory annual holiday at the same time as sick leave and receive payment at the normal rate"
However, I looked at section 222 of the Employment Rights Act 1996 and it seems to mention that the employer can take into consideration the last 12 weeks pay to calculate how much they have to pay in respect of wages claims. I am not paid anything on absence be it authorized (ie minor sick leave or indeed, any sick leave as far as they are concerned, as ssp is paid by them) or obviously, unauthorized. My sick leave has been intermittent, that is I have returned on phased return, but then been off sick again with the same problem and the ssp is paid as part of the smae period of sickness, ie I am in the same 28 week period, but not taken all at once.
Can they therefore refer to section 222 of the Act and indeed sections 223, 227 and 228 with regard to my case even though I am on a permanent contract and just go back to the prior 12 weeks working time in calculating how much to pay me for holidays taken (these last ones, as mentioned were compulsory as the Company was closed for the Xmas period) and had to be used as they state you cannot carry over holidays into the New Year? Their year end is 31st December