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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48210
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I had an accident at work and could not get my holidays due

Resolved Question:

I had an accident at work and could not get my holidays due or time off in lieu (TOIL) due to being unfit for work I was due to retire also. My employer withheld holiday pay and Toil time. I may receive my holidays due but they say they have no president to pay me toil time. I fractured my patella and unable to attend for work for 4 months. I have retired now from the company. Can you give me guidance on this matter under Scottish law. Appreciated.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Did your contract or a policy state that TOIL due will become payable on termination?
Customer: replied 1 year ago.
No
Customer: replied 1 year ago.
The company administrator resigned then the clerical officer resigned leaving me to carry out their duties as well as my own. There was never a discussion about payment as I had the accident.
Expert:  Ben Jones replied 1 year ago.
Holidays unused due to sick leave are dealt with under certain case law and must be paid at the end of a person’s employment. However, the same does not apply to TOIL. This time is governed by contractual clauses and essentially it is the employer’s decision as to whether they pay it on termination. This was also confirmed in the case of Vision Events (UK) Ltd v Paterson, which held that employers can legitimately require employees to take all accrued TOIL before termination or during the notice period and where this isn’t possible or the TOIL remains outstanding, the employer doesn’t have to pay them. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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