My Employer has served me with a dismissal notice of 1 month and I am still ill.
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
I am aware of this but the fact that I have received full pay (as agreed on my Employment contract) is clouding the issue.
that makes no difference at all to your holiday rights, which are completely separate to your sick pay ones
Am I still allowed to legaly claim for my holiday.
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
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
Many thanks for your help in this matter.
Best wishes and regards.
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