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Covid 19- shielding

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  • Covid 19- shielding

    Hi Iím in the shielding group so have been off work since March my employer has not furloughed me. ¬*They are coding me as company sick pay and then ssp when that runs out but they are also removing lots of holidays. ¬*Iíve checked acas website¬*http://www.acas.org.uk/coronavirus¬*and it says my employer cannot remove holidays if Iím shielding or sick is this correct. As my employer insists they can.¬*
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  • #2
    I need to understand what you mean when you say they are removing lots of holidays. Can you be more specific please?
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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    • #3
      Hi I wrote the above post what I mean is Iíve been off since March shielding and currently still told to until mid August, my company initially said they would pay me 12 weeks pay but would remove 2 weeks holiday and now they are continuing to code as sick and remove more holidays each pay period. By the time I return I would of had 16 holidays removed. My holiday year runs until March 31st so itís a long time to go with few holidays left and going by what it says on the acas site they should not be removing them anyway. Is this true?¬*

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      • #4
        Legislation enables a business to give notice to a worker specifying the dates on which statutory holiday must be taken. Therefore, you can be given notice if you are on long-term sick leave to use up your holiday entitlement before contractual sick pay runs out. Although they must give you double the notice in advance relative to the time they require you to have off i.e. if they want you to take 5 days holiday they are required to given you 10 days notice. So if they have not given you notice to take holiday this is potentially not legally correct.

        In addition if you object to this you should not be forced to take statutory holiday during sick leave since there is case law to suggest that if employees do not wish to take holiday during sick leave the holiday must be granted at a different time.

        ¬*
        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You canít always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment

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