Hello how long have you worked there for?
Many thanks for your patience. There is no specific legislation dealing with this but usually when you have pre-booked holidays and become ill whilst you are officially off on holiday, you should be allowed to take these at another time so that you do not lose your holidays for being off ill. Whilst the employer can request that you are to call them if you are off sick, there should be a specific policy requiring you to do so. If there was no specific policy which said you must do so, they should really be looking at putting you on a sick for these days and letting you take the holidays at a later date instead. If they refuse the only option available for you is to pursue them for the equivalent of the pay for those few days. You cannot claim constructive dismissal as you need 2 years for that so compensation for the ’lost’ days is the best you can hope for.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if you are going to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. Yes the policy would be in your contract or there could also be a separate sickness absence or holiday policy – ask your employer to direct you to it if they have one.
If they do not pay you then this potentially amounts to an unlawful deduction from wages, which is made illegal under the Employment Rights Act 1996.
In order to try and resolve this, you can raise a formal grievance first, then the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.
If the employer does not return the money as requested, the following options are available:
1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals
2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.
Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.