Annual leave while off sick?

A question about : Annual leave while off sick?

Hi, I hope someone can help me?
I have been off work with an industrial injury for over 20 months! I have now been dismissed due to capability. Can I claim the annual leave that I had not taken in 03/04?
Thanks
Geallu x

Best answers:

• No. You will not earn leave whilst off sick, unless your industrial injury was the proven fault of your employer.
• See this thread. I haven't read all the links posted towards the end, so don't know which side of the argument they come down on.
  What I'm trying to say is that in your situation, since you haven't worked for over 12 months you're not entitled to any paid holiday, but someone who has worked for at least part of the year should be: but you need to take your paid leave in the right leave year, you can't carry it forward to another leave year.
  I hope I'm making sense! And sorry that we're not bearers of good news ...
• Yes, my employers have recognised it as work related injuries!
  Thanks Sue have read the other links, appears I do not have a case.
  I just find it very strange that, one can be off sick...take a/l... and then continue sick!
  Oh well, thanks again for you help.
  Geallu x
• Sue, unfortunately there will be no return to work...for the forseeable future
  thanks again for your help.
  Geallu x
• Whether it was an industrial injury or otherwise, you are still entitled to holiday leave/pay. If you are unable to take leave within the company's annual leave year due to sickness/illness, then they have to pay you for this. Case law (I can't remember the name) actually determined this, so don't let them get away with not paying you for time you could not take within the holiday year. They have to pay you. If I get hold of the case, I will forward later.
• Hi Jacster,
  I believe this is the case you were reffering to:
  https://www.cobbetts.co.uk/main/cms/cmRender.asp?i=1374
  extract:
  'The Court of Appeal has held that an employee who is absent from work due to long-term sickness is not entitled to accrue statutory holiday pay whilst they are off sick.'
• Thank you Karen, Jacs and Pdx, I was informed on the 7th April my contract would be terminated. I am still waiting for this to be finalised! So maybe I am still technically employed?
  This journey has been like a long roller coster ride :confused: and just when I think it may be coming to an end, yet another hurdle they put up ale: no wonder some people just give up the fight!
  For my own sanity, I think I will let my union rep deal with it.
  I really do appreciate all your comments and help, thank you again and I hope I will be able to come back here and let you know the final outcome?
  Geallu xxx
  P.S. Karen, If that case is valid, I would be interested to read it.
• sorry I do not know how that second icon got in there !
  G x