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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47889
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been payed full wages while on long term illness as

Resolved Question:

I have been payed full wages while on long term illness as stated on my employment contract. Am I still able to claim holiday entitlement x 2yrs.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Are you able to take the holiday time now?
Customer:

No.

Customer:

My Employer has served me with a dismissal notice of 1 month and I am still ill.

Ben Jones :

There is case law, all the way from the European Court of Justice, which confirmed that those employees who are on long term sick leave continue to accrue their statutory holiday entitlement whilst they are on sick leave. It means that if they are unable to take their holidays because they are on sick leave, the employer has to allow them to carry that allowance over to a time when they are able to take it, i.e. when they return from sick leave. If their employment is terminated before they have a chance to take the holidays, then they must simply be paid for this allowance

Customer:

I am aware of this but the fact that I have received full pay (as agreed on my Employment contract) is clouding the issue.

Ben Jones :

that makes no difference at all to your holiday rights, which are completely separate to your sick pay ones

Customer:

Am I still allowed to legaly claim for my holiday.

Ben Jones :

yes

Customer:

I have accrued over twenty years service and I am being dismissed on ill health grounds with only 1mnth notice will this affect my rights

Ben Jones :

not in terms of holidays but it does not appear you have been given the right notice of termination - by law you are entitled to your contractual notice period, which in your case cannot be less than 12 weeks' notice

Customer:

Many thanks for your help in this matter.

Customer:

Best wishes and regards.

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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