Sickness

[Fragilebones]

Hi,

I could use some help please.

I work for a large company with a HR. There’s things going on I don’t understand.

I don’t have 2 years with the firm behind me and fully get I’m short service.

I needed to have an emergency operation in January this year to do with the spine (in hospital for nearly 4 weeks alone) and will have had two months off via a fit note. I have already been through Occupation health and in all the time I’d been off sick there was no conversation how the company would manage my leave (holiday year ends March 31st)

Mid March I decided to start asking, the response from the company greatly shocked me when they went on to tell me it would be lost. I managed to get 4 working days used that was left of the month and then the Manager seemed to back track saying the further left over days would be carried forward.

However this does not appear to be the case - our electronic holiday booking system just shows my brand new years allowance only.

My question - can a Manager try and tell me they’re managing this rolled over holiday themselves on the quiet? For a large company I would imagine they want everything recorded.

In my latest pay the company have decided to pay SSP (fine) however that payslip is missing 4 days of holiday taken end of March (payday cut off does not seem to apply in our business as drivers can be paid weekly) so I genuinely believe the company will try every which way not to pay this holiday.

Next, I have the problem where it seems they want to discipline me for being off sick. (I’m now aware what my Bradford score is) I have a long term health condition Diabetes which in the eyes of occupational health did make me fall under the equality act cover whilst the spine condition hasn’t yet been declared as a disability.

I have very recently been potentially offered a new job but my concern is I could be a risk of new job offer withdrawal again due to sickness which I had been as up front as I could, I don’t like how the current employer will handle my notice if the holiday issue is anything to by, I deeply imagine they will try and say bye straight away.
If I was to leave for the other job; could my current employer cancel the phased return I’m currently in?

Thank you for hearing me out.

[Fragilebones]

Sorry, should have said I called ACAS’s call centre but did not find them very listening or helpful.

[dslippy]

I do not know your exact circumstances, but you seem to be asking a lot of your employers. Be ready to take a chance to move on.

[Fragilebones]

OK, many thanks, I expected this type of behaviour from a small company/one man band with no hr but a large company, absolute not.

If I come across anybody else of sick, I’ll happily say don’t expect leave that you have accumulated to be paid or carried forward.

I have not expected anything from my Employer, they didn’t even have it in them to send a get well soon card and keep referring to a ‘back problem’ when it has a name. I imagine they haven’t let me go sooner because oh dear, they might have had to pay 1 weeks notice.

[ULA]

Long term sickness is considered to be 4 weeks or more and if someone has not been able to take their holiday as a result they can carry over up to 4 weeks holiday, which should be used up within 18 months. However, this is only in situations where the employee does not have enough time to take their holiday before the end of their holiday year.

In respect of your sick pay moving to SSP you will have to check whether thus is in line with any sick pay policy in place.
Generally I think you should speak to your HR department re any holiday carry due to long term sickness absence to see what they say . In addition you can ask why you were not paid correctly for the 4 days you took as holiday in March.

In respect of a potential disciplinary for sickness absence it is difficult to comment as you do not know yet whether this will happen. If it does they will have to detail the reasons they are taking disciplinary action and potentially you have an argument for reasonable adjustments if you meet the criteria of being disabled under the Equality Act 2010. Further advice would need to be sought at the time.

In terms of your notice period should you decide to leave then yes, your employer could agree for you not to work your notice but they would need to pay you in lieu. In respect if this coinciding with a phased return to work, if this has been agreed in advance, they should honour it unless they decide to pay you in lieu.
I hope that answers your questions albeit some are based on the limited amount of actual detail available.

[Fragilebones]

Thank you I really do get it and I’ve tried to limit what I say rather then war and peace. Suppose the courier industry gets it bad rep from somewhere, as soon as the condition came on I know I’d live to regret it.

I was just furious to see even more stuff like the Manager claiming he’d had a conversation with me about being moved to SSP when weekly welfare calls had not been happening.

Anyway I’ve directly now asked the Manager and been referred to approach Head Office Payroll. Thank you again, no need for reply, I am ever so grateful for your time earlier.

[ULA]

If you have any more questions or concerns once you have spoken to Payroll then just come back to this thread

[Fragilebones]

Thank you I am so sorry to be back, the company/current Employer kept me quiet for a number of weeks claiming 4 days holiday had simply missed cut off for March and would be paid next month (April)

April’s payslip has now come, this holiday pay out is completely missing still and I’ve had a further £500+ removed from my wages due in 48 hours with no one explaining why or admitting to errors.

I asked the Manager how are the 4 days accounted for (there is no fit note covering this and I believed I was on ’annual leave’) and he was the one who originally said it missed payroll for last month.

To get the 4 days holiday paid now which a few weeks ago I was lead to believe was on its way (am I best doing a Money Claim Online or is it an Employment Tribunal?)

[ULA]

You are best doing an employment Tribunal claim as there is no fee to pay, however there is a time limit of 3 months less a day from effectively should have been paid your holiday pay. The claim would be for unlawful deduction of wages.