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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47914
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was off work with depression and so on sick leave for 3 months.

Resolved Question:

I was off work with depression and so on sick leave for 3 months. During that time I had two periods of holiday booked. I was on full pay and have asked my employers to reschedule my holiday and they are being very awkward about it. Am i entilttle to claim my holiday back or have I lost it?
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. Did you book the holiday before you went off sick?

Customer:

Yes it was booked ages ago as I work for a supermarket it is on a first come first served basis. I was signed off sick on my second day of the first week holiday and the second period of holiday booked was towards the end of my sick leave

Ben Jones :

ok there is plenty of recent case law in your favour. This includes the cases of Stringer and also Pereda - they went as far as the European Courts of Justice. They rules that if an employee had pre-booked holidays and was unable to take it due to being off on sick leave the employer must allow them to take it another time. If they are unable to take it in the current holiday year because they remain on sick leave all that time they may even be allowed to carry it over to the next holiday year, or until a time they are able to take it, having returned from sick leave. So you are certainly entitled to be allowed to take your holidays another time when you are not prevented from doing so because you are off sick. Not only that, but you would have also continued to accrue holidays whilst you were off on sick leave

Customer:

Thank you> so they cant wriggle out of it even though I was on full pay and not statutory sick pay

Ben Jones :

that is irrelevant - the issue is you were not able to take your holidays. More details on the law here:

http://www.cipd.co.uk/NR/rdonlyres/22DA862E-21C0-4D99-857E-A70CFE1879F2/0/HolidayspostStringerandPereda.pdf

Customer:

Thank you I will go in with this information and hopefully get it resolved once and for all!

Ben Jones :

you are most welcome - remember you have rights so don't let the employer ignore these

Customer:

I wont. Hve a good weekend

Ben Jones :

You too thanks

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