wage entitlement.

[cupidstunt]

Hi,

Quick question I'm hoping someone might be able to answer.

Last april I was dismissed from my employment and received payment for holiday.

I had been suspended for 3 years ( long story ) and didn't take any holiday the year previous to being dismissed.

Am I entitled to that years( 2013) holiday pay, I understand if I was sick I would be entitled.

suspended for gross misconduct 2011

discipline hearing april 2014

april 2014 dismissed,

Paid outstanding holiday for 2014.

If it is relevant I am covered under the equality act and employer concedes this in writing.

Thanks for any help.

[mildman]

Re: wage entitlement.

I would think you are timed barred for an Employment Tribunal. The claim must be made within three months less one day from cause of action. You mentioned being covered under the Equality Act? I would contact ACAS for advice but my own feeling is that you have left it to late. You can still use the county court but something is niggling in the back of my mind. As I remember you had to take your holiday entitlement within 18 months if sick. But I am only guessing so phone ACAS

[cupidstunt]

Re: wage entitlement.

I would think you are timed barred for an Employment Tribunal. The claim must be made within three months less one day from cause of action. You mentioned being covered under the Equality Act? I would contact ACAS for advice but my own feeling is that you have left it to late. You can still use the county court but something is niggling in the back of my mind. As I remember you had to take your holiday entitlement within 18 months if sick. But I am only guessing so phone ACAS

"Only guessing" well thanks for that.

Any one actually know the answer ?

Not the tribunal or county court procedure.

[des8]

Re: wage entitlement.

Not really sure what you are looking for, nor of the timeline
You were dismissed 2014
You were suspended 2011 (2001 a typo?)
You didn't take holiday the year before suspension (2013?)

Whilst you were off suspended, presumably you were being paid.
Whilst you were off suspended were you restricted regarding holidays.
Was there a reason, for which your employer was responsible, for you not taking holiday
Do you think you should be paid for 12 months off suspended and then receive extra for not taking holiday?

Your employer acted correctly by taking into account accrued holiday for 2014 when firing you.
From the details you have posted I cannot see why you think you have missed out in 2013.

[cupidstunt]

Re: wage entitlement.

Ok guess I will need to speak to acas.

just for a min. forget time lines etc.

As I understand it should you become sick in a year and not take your holiday, you are now entitled to take it the following year. Regardless whether you received sick pay. Am I right so far.

Now should you leave in the next year or be dismissed, you are entitled to be paid for that un taken leave.

Ok that as I understand is regarding holiday owed due to sickness.

Now does anyone know whether it applies in a similar way, but due to being suspended as opposed to being sick.

And yes I do think this "Do you think you should be paid for 12 months off suspended and then receive extra for not taking holiday"

It was in fact 3yrs, but that's beside the point,

The reason I'm asking if any one knows the answer is to see what the law states, not whether myself or some one else doesn;t think I should.

I'll get on to ACAS and let you know, so that anyone reading this at a later date can also have this information.

Thanks for your time and input.

[des8]

Re: wage entitlement.

OK, now I understand what you are looking for (takes time for me to get into gear!)
If you post on a public forum you should expect to be questioned so people trying to help get the full picture.
What is clear to you as a poster, may not be as clear to all your readers.

You are correct regarding holiday entitlement whilst off sick or on other types of LEAVE.
However you were not on LEAVE
For starters you might find this site useful as a basis:
https://www.gov.uk/holiday-entitleme...ve-entitlement
See section Carrying over leave

Interestingly Unisons "model contract supports your view, so what did your contract say about this ?
https://www.unison.org.uk/documents/1715




However there is the contrary view that an employee on disciplinary suspension is still employed and has to be available for his employer.If he wished to take holiday he would therefore have to request and book it as normal and therefore has not been denied the ability to use his holiday entitlement. Did you try and book leave?

However this is all a bit academic as any claim has been time barred by the three month rule applicable under both regulation 30 of the Working Time Regulations 1998 or section 23 of the Employment Rights Act 1996as was mentioned earlier by Nem

[cupidstunt]

Re: wage entitlement.

Firstly let me try and stop anyone getting up set with me. I have mental problems, a personality disorder and also aspergers , So I can be short and too the point, pedantic etc.

Stop thinking about time limits, there are ways round the 3 month limit, continuous act , adding to an existing claim, didn't know about problem at the time and lots more, but forget this at the moment.

if I am entitled it may just be a case of asking the employer for it, you never know. if not then small claims would allow 6 yrs and adding to a schedule of loss would be another and there are more.

Des, some good information there thank you, looks like you spent some time as well, thanks for that.

I keep meaning to get my contract, I will need it for current proceedings anyway ( but thats another matter) . However I haven't seen a contract for 28yrs when I first joined, this is a public authority organisation.

I will call acas, when I feel up to it, but have other things going on and have trouble coping with too much.

a solicitor once told me contracts can usually have a way of getting round them, for instance and not the only idea, while suspended you are not allowed to contact any other employee, then the fact that if suspended you can not be expected to relax on holiday even though it is "not meant as a punishment" yeah right, anyone believe that. any way I'm drifting from the main point.

thanks for your help

[wales01man]

Re: wage entitlement.

For the benefit of others whats the way round the time limit rule?

[des8]

Re: wage entitlement.

As you were in local gov I would expect your notice of suspension would have detailed your holiday rights.

[mildman]

Re: wage entitlement.

http://www.employmentcasesupdate.co.....aspx?i=ed8858


Might help but still confused

[cupidstunt]

Re: wage entitlement.

http://www.employmentcasesupdate.co.....aspx?i=ed8858


Might help but still confused

Fantastic Mildman, thanks for finding this.

What are you confused about? time limits...............please forget them at the moment. Or pretend it was last year and I was dismissed last week.

Let me find if I am entitled and then worry about time limits, not the other way round.

Wales1man not an exhaustive list, but I gave some examples ( loosely , so don't pull them apart ) there are more.