Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. When does your holiday year run from/to?
How many days per week do you work?
You continue to accrue holidays whilst on sick leave and should be entitled to accrue them until you are in a position to take them, i.e. when you are no longer on sick leave. So if your employment terminates before you are able to take them, then the employer is obliged to pay you for all of your accrued holidays for the time whilst you were off sick long term. There has been a lot of case law on this over recent years, cases such as Stringer and Pereda and they have clarified the law on this quite clearly. If the employer refuses to pay you for the accrued holidays then that can allow you to pursue them for payment in the employment tribunal if needed.
This is your basic legal position. I have more detailed advice for you in terms of the steps you should follow in the event they do not pay you, 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. If they do end up disputing it then you can argue that this is an unlawful deduction of wages, which is made illegal under the Employment Rights Act 1996.
In order to try and resolve this, 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, you can go to the 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
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.
you are most welcome, all the best