Long term sickness

[Huffpuffin]

Hi

I'm hoping for some advice on my current situation.

Long story short(ish). I have been unable to work due to disability (not a work-related injury) since December 2013. My contractual and Statutory Sick Pay ended in June 2014. I have been claiming ESA (contribution based) and PIP since July 2014. My employer is a small family firm, so no dedicated HR dept or anything like that to consult. Amazingly, they have not terminated my contract(!) I did try working from home for a while a couple of years ago, but could not manage (another long story!).

Until last year, I was claiming (and receiving) my annual holiday pay, once a year. Last year, the firm changed hands. I had a meeting with the new owner 12 months ago, when we agreed that he would look into "resolving the situation". Reading between the lines, I'm guessing he is looking at some kind of Settlement Agreement. Despite my reminding him several times, he only sought legal advice 2 weeks ago.

I asked for the annual holiday pay about a month ago, but he is being a bit evasive about this. Where do I actually stand? I have saved emails of all conversations regarding previous years claims for holiday pay, where it has been paid quite readily.

Any comments/advice gratefully received. TIA.

[ULA]

When you said that you have been "claiming (and receiving)" your annual holiday pay is that because you have been booking holiday since you are not prevented from taking annual leave whilst on sickness absence. You employer may well have been happy to agree your holiday requests so that you did not accrue significant amounts of leave whilst on sickness absence.

Has the new firm's owner refused your request for holiday?

[Huffpuffin]

Thanks for the reply.

Yes, the idea was that I did not accrue a large holiday entitlement if I ever am in a situation to take up my employment again. (I also wanted to make sure that I didn't lose it because of time limits or similar.)

No, the new owner has not refused my request outright, but today he has sent me an email requesting a meeting as he is "considering terminating" my employment.

As I understand things, terminating employment without at least attempting to make adjustments is contrary to the Equality Act. He has not offered to make any adjustments. Any advice for how I should approach this meeting?

[beaconsman]

"reasonable adjustments" should be made yes, same as my current situation, however, my latest occ health review (a week ago) has favoured me being unfit for work still. Having no HR dept might be an issue for you as the onus might be on you to "suggest" what you can and cannot do, or reduced hours etc. Although, your employer can cancel or terminate your employment if none of the adjustments, reasonable or not, can be met by you. I am in a precarious situation myself, stuck between personal injury claim (non employer related) and associated long term sick leave, I also am in receipt of PIP and now blue badge holder, returning to my job just isn't possible at all.