FOR BEN JONES ONLY
Unfortunately, i do not have a copy of my staff handbook with me, but I will get one next Tuesday. As I remember, it states that I have 20 days entitlement after a full year's service, which I have. As mentioned above, the days required to make Christmas week a holiday as the Company was closed, were taken from this entitlement, also Bank holidays were involved, but it would seem that they have paid me short hours because of my absences during sick and phased return. I will be able to furnish you with more precise information when I receive my pay slip today in the post, (hopefully!).
yes, no problem.
Thank you for your reply, but sorry for the inconvenience as I have one more related question. I received my pay slip in the post and what they have seem to have done is, not pay me full hours, but aggregated what I worked on phased return and used that to calculate what they owe me. They have paid me 10.5 hours for the bank holidays and 9.5 for the remainder of the days. In actual fact if they are liable to full pay then I should be credited for 52.5 hours as I was off for 7 full days including the Banks. Is that correct?
BEN JONES ONLY
I simply didn't renew my sick note for that period as I knew that the time off was booked and there were a number of public holidays. I renewed the sick note from 2nd January. I take it then that they cannot aggregate my hours to when I was back on phased return and being paid only for the hours spent at work? They have also received a GP report stating that my problem can recur and that, when I feel fit enough, a phased return is advisable.
Thanks so much for your answers and patience. I will most likely return to work next Tuesday where I will view a copy of the staff handbook.
Is it ok to ask any relevant questions should they arise?
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