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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 75960
Experience:  Qualified Employment Solicitor
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I have two disputes with my employer one is about holidays I

Customer Question

I have two disputes with my employer one is about holidays I was attacked by a patient at which resulted in me being off work from 27 september 20/20 to 1 of april 2021 my employer says have lost my holidays 2020 which I 11.5 days left can I claim all my holidays back.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: yes hr said I can haif my holidays this year.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: they allso owe me some days wages and asked them to sort it out 4weeks ago andthey have not done anything to help me and they have been difficult jobs to do some are where the hospital insisted on a female security officer and they have sen tme and was left to look after a very elderly lady who cept shouting I was ataking her but no one let me know From my employer ,
Submitted: 11 days ago.
Category: Employment Law
Expert:  Ben Jones replied 11 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 11 days ago.

Were you off work sick for that period? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks

Customer: replied 11 days ago.
I was
Customer: replied 11 days ago.
no just cary on
Expert:  Ben Jones replied 11 days ago.

Thank you very much for clarifying. First of all, I am sorry to hear about this situation and any associated issues.

If you were off on long-term sick leave, then you not only continue accruing holidays, but if you are unable to take these in the current holiday year as a result, you should be allowed to carry them over to take in the next one.

See here:

https://www.acas.org.uk/checking-sick-pay/sick-pay-and-holiday-pay

“Employees on long-term sick leave can carry over 4 weeks’ unused holiday, unless the employer allows more to be carried over. This holiday must be used within 18 months from the date it’s carried over.”

With regard to the owed wages, this should be pursued through a formal grievance to start with. After that you also have the option of making a free claim in the Employment Tribunal to try and recover the amount owed.

Expert:  Ben Jones replied 11 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 11 days ago.
No it doe,s not has this was juring covid 19 tlme
Customer: replied 11 days ago.
I HAD earnd my holiday entitelment but i could not take them because I was on the sick and to isolate som e of the time
Customer: replied 11 days ago.
As covid 19 rules did aply
Expert:  Ben Jones replied 11 days ago.

You were off sick for the majority of the time any self -isolation would not have been for that long so it is unlikely Covid rules would apply.

Customer: replied 11 days ago.
would I then be entitled my full 19 days holiday
Expert:  Ben Jones replied 11 days ago.

Yes, based on the rules for carrying over holidays when on long-term sick leave

Expert:  Ben Jones replied 11 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.