Holiday pay

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Hello there  I'm just inquiring  about my holiday pay  I had a partial laryngectomy  4months ago and at Christmas  they told me i was down to half pay as 2021 sep I had 2 operation  on my cancer and was off for 4 months .. The crux of the matter is personnel  sent me a letter to cash my holiday pay in. In christmas 2022.  at first my boss said we don't do that ..... but after I'd phoned personnel  again  they paid me £200 pounds  minus  £75 tax they told me they had paid me for 70 hours my hourly  rate is £12.55  I don't think this is correct.  at present they have coaxed me into applying  for ill health retirement  

  • Thanks in advance 
  • Hi Barneyboy

    It's Megan here from Macmillan's Online Community team. Thank you for posting a question to our Work Support Advisers again, I hope the information shared in reply to your previous question was helpful. 

    I am just responding to your message to let you know that our Work Support team has seen your question and are working to reply as soon as they can. We hope you will find it helpful to hear from our Work Support team and are able to access the right support.

    In the meantime, we hope you'll find lots of support from reading other posts in the Ask an Expert section and by posting in our Community groups. If you need any help using the Online Community, please don't hesitate to email community@macmillan.org.uk or call our Support Line for free on 0808 808 00 00.  

    Best wishes, 

    Megan
    Macmillan's Online Community Team

  • Hi Barneyboy

    Thank you for posting your question in our online community site. My name is Linda and I am one of the Work Support Advisers here. I am sorry you are experiencing ongoing problems with your Employer.

    I would advise that you ask your Employer for a breakdown of the holiday pay calculation as this does not seem to equate to 70 hours of annual leave based on your hourly rate.

    There are specific rules applicable to a person being off work on long term sickness absence .

    An employer must allow a worker to carry over a maximum of 20 days over a period of 18 months if the employer is off sick and therefore unable to take their leave.

    In an Employment Tribunal case of Plumb and Duncan Print Group Ltd. 2015 the Tribunal held that where an employee chooses not to take their statutory annual leave during sickness absence, they can carry forward the untaken leave for up to 18 months from the end of the leave year in which the leave arises. For example, if the leave year ends on December 31st. the worker would have 18 months after that date in which to take their annual leave for that year.   

    Alternatively, an employee can ask to take their paid holiday for the time they are off sick if they wish.  Employers cannot force workers to take annual leave when they are eligible for sick leave.`      

    You also mention that you feel “coaxed into early retirement” . Do you feel you are being forced to do this? If you feel fit and able to work you should be given the opportunity to do this. You also have the Right to ask for Reasonable Adjustments at work to support you such as a phased return to work or perhaps lighter duties if needed.

    We have a Team of Financial Guides here at Macmillan who can support you with any questions you may have about the process around ill health early retirement  . The Financial Guides are available on 0808 808 0000 Monday – Friday 8am – 6pm option 1, option 2 and option 2. They are also available via webchat here or you can email them here

    I hope this has been useful information but please do not hesitate to get back in touch with us if you require any further support.

     

    Kind Regards

    Linda

    Work Support Advisor

     

    Remember you can also speak with the Macmillan Support Line team of experts. Phone free on 0808 808 0000 (7 days a week, 8am-8pm) or by email

     

     

     

  • Thank you for your quick  reply  Linda. Yes  they have  put pressure  on me to retire . But I've had enough of the carry on with them I've seen the occupational  doctor who has deemed me permanently  ill  for work so I'm happy to go now . It takes months for them to give me ill health retirement  so therefore  I have another appointment  with manager in a few weeks  I will be bringing up holiday entitlement  again if only to say I'm dusguted at they're behaviour    as they're trying to claw back a few hundred  pounds .the thing is personnel  was there and she also carried on with this story about  not being paid the correct amount  as I'm off sick . 

  • Hello again . I'm just getting  back to you about my holiday  pay. I was going to leave it but they're still wanting me to go see them every couple of weeks even although  I've applied for ill health  retirement  weeks ago,and giving me hassle. So I've decided to do what you asked . I asked for the breakdown  in holiday pay on the 24feb I've emailed  him today 3rd March as I've not heard anything  .  So where do you think I go from here as ill be suprised if they will get back to me TIA 

  • Good afternoon  

    My name is Rachel and I am also an advisor in the Work Support Team.  Thank you so much for your enquiry and I am sorry to read that you are still experiencing issues with your employer.

    I can see from your message that you have now applied for ill heath retirement and that that process is now underway.   It sounds like there is still a requirement from your employer to meet with you every few weeks and that this makes you feel as if your employer is ‘giving you hassle’. 

    Maintaining contact whilst off work on sick leave is important for both the employer and employee.  It is easy for employees to feel out of touch with work whilst they are off and important for employers to understand what support might be needed.  Sometimes it is hard to strike the right balance, but contact should not feel like ‘hassle’.   You could consider having a discussion with your employer to explain how this makes you feel and agree on less frequent contact or via a different method, such as a telephone or video call.

    I know we have mentioned this in a previous response to you but if you are unhappy with the way your manager is dealing with you and feel that this cannot be resolved informally, then you can raise a formal grievance.  This means that your concerns will be escalated.  If you are considering this as an option, it would be worthwhile looking at your employer’s grievance policy if they have one and I wanted to remind you that the Citizens Advice Bureau also has some useful information on the subject also.

    If you are a member of a Trade Union, I would advise contacting your representative and asking for their support.

    It may be the case that by now, that you have received a response to your request for a breakdown of holiday pay from your manager.  If this has not yet been provided, it may be useful to ask for a date by which you can expect to receive the information or if there is an alternative contact within your organisation’s HR department that you can ask to establish the details?  Again, if you feel that this matter is ongoing with no satisfactory response, you could look to raise a formal grievance.  If you are owed any unpaid annual leave or wages, your employer should pay you this.  Please contact us if this is not the case.

    I wanted also to make you aware that if you would prefer to discuss your circumstances with our team directly, we are available via email and live chat, as well as by telephone on 0808 808 0000, options 1, 2 and 3.   Our team is available Monday to Friday 8am until 6pm.

    I do hope this is helpful.

    Best regards

    Rachel, Work Support Advisor 

    Remember you can also speak with the Macmillan Support Line team of experts. Phone free on 0808 808 0000 (7 days a week, 8am-8pm) or by email.