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Ben Jones
Ben Jones, UK Lawyer
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I work for a Big UK airline, after a fall in the hotel lobby

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I work for a Big UK airline, after a fall in the hotel lobby in Hong Kong in 2008 I've been on long term sick, 3 operations later on my spine, I'm still on long term sick and will never return to work unfortunately . I receive a small payment from my company which is topped up by the government .... I'm poor... Really poor... Three weeks ago, 6 years after I've been on long term sick.... My manager called me to say we have to start paying you your holiday pay as from 2013... Thank The Lord I've got a bit of extra cash.... I've just brought myself a mobility scooter, to painful using my wheelchair... Can anyone tell me is this a new law..? Or why have they just told me this..?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. There were some landmark court decisions in the last few years which confirmed that workers continue to accrue statutory holidays even when they are on long-term sick leave. So for example you have been off on sick leave for a few years, you would continue to accrue your minimum legal entitlement to holidays during that period, as long as you are prevented from taking them due to being off sick. You can also carry over your holidays from one holiday year to the next, up to a point when you are actually able to take them, which would be when you return from sick leave. However, I am unsure as to why they have said they will only start paying you from 2013 onwards - these cases were all decided in 2009 and whilst you cannot claim for holidays retrospectively (i.e. for the time before these decisions were made), you can claim for any holidays owed since then. So the employer should be considering paying you for accrued holidays from 2009 onwards, not just from 2013.

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer: Many thanks, ***** ***** back to management with your answer and see what they say...
Ben Jones :

you are welcome, all the best for now

Ben Jones, UK Lawyer
Category: Law
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Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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