Off sick, untaken holiday and leaving a company.

Sorry to hijack the thread OP but I thought I'd ask a question regarding a friend who's trying to book holidays for a large supermarket chain she works for.

The issue is the manager has told her to book her holidays before April or she will lose them she has around 80 hours left to book. Now, because the company has told most of its colleagues to book them before April she hasn't been able to get her days in that she would like off due to the likes of no cover etc. The days which are available are after April. So it seems she would lose them.

What can she do to get her holidays in? As her stance on it is that it's not her problem if they can't cover her. She is entitled to holidays. Is there a specific law on this or is she buggered?

Is she allowed to carry any over?

Ultimately this comes down to poor time management on the employee.

They are your holidays and you are responsible for ensuring you take them, i think most people would moan if the employer dictated when all your annual leave would be taking place (which i believe they can actually do).

If she loses them, then hopefully a lesson learned to ensure she hasn't got so many hours left towards the cut-off point.
 
Is she allowed to carry any over?

Ultimately this comes down to poor time management on the employee.

They are your holidays and you are responsible for ensuring you take them, i think most people would moan if the employer dictated when all your annual leave would be taking place (which i believe they can actually do).

If she loses them, then hopefully a lesson learned to ensure she hasn't got so many hours left towards the cut-off point.

Yeah I explained this to her. The manager has said that if she can arrange someone to cover her shifts on her days in then she can get those days as holidays which I think is fair.
 
In all honesty I would tell Bob to do one . Been off sick for most of the year resigns and wants his statutory holiday pay ?

I understand the legality but I would just let him take me to a tribunal but yes to answer your question Bob is entitled to his Holiday pay on a pro-rate basis.

Sickness in the workplace is my bigggest hates in the world , and I'm going to say it ,it's normally women.
 
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Yeah I explained this to her. The manager has said that if she can arrange someone to cover her shifts on her days in then she can get those days as holidays which I think is fair.

If she has just accrued the holiday and just wanted to get paid for them instead of taking them or if she has just left it till last minute its on her own shoulders. If the company has repeatedly refused holiday due to work/staff constraints and she has proof then she is entitled to challenge it.
 
In all honesty I would tell Bob to do one . Been off sick for most of the year resigns and wants his statutory holiday pay ?

I understand the legality but I would just let him take me to a tribunal but yes to answer your question Bob is entitled to his Holiday pay on a pro-rate basis.

Sickness in the workplace is my bigggest hates in the world , and I'm going to say it ,it's normally women.

I don't like when people don't show up sick either, however Bob's been sick a long while, probably a condition he can't control. Similar to my better half, can't work for way longer than Bob (she resigned until she's better), yet docs told her to get over her condition and basically not bother them anymore. But that's a different topic which I'm not gonna expand on.
 
It entirely depends on the sickness and abilities of the person, to be honest, I don't agree with a blanket "Anyone who is off sick is scum (And/or women, in this case)"...


If someone is taking the mick, then fine... clamp down on that. If someone's honestly/actually ill enough to warrant long time off, then that's a different story.
 

Cheers dude, I'll make a note

Sounds to me like Bob's a **** taking git that I wouldn't like to work with... (But of course I don't know all the facts :) )

They were not taking the ****, in the first instance, Bob tried to go back after two weeks ready to work as the original illness had lessened and was nearly back to normal. The manager said no and sent Bob away back to the docs to keep getting sick notes, for another unrelated illness, that wasn't a problem. This illness was made worse by not being allowed back to work, Bob tried countless times to come back after sick notes had expired but manger kept sending Bob away. Bob would have actually been fine if they let Bob back and get back into a routine without having to worry so much about the work situation. Eventually after persistence Bob was allowed back but manger wouldn't let Bob do anything and kept pawning Bob off to other departments. The manager is one of those ones that just doesn't listen to what your saying and says your wrong.


If they begrudgingly pay OP's annual leave they could try and claw back full sick pay by retrospectively reducing it to SSP, with a deduction, to some extent. Doubt this would be legal or possible mind.

Bob only gets SSP anyway so no worries there.

In all honesty I would tell Bob to do one . Been off sick for most of the year resigns and wants his statutory holiday pay ?

I understand the legality but I would just let him take me to a tribunal but yes to answer your question Bob is entitled to his Holiday pay on a pro-rate basis.

Sickness in the workplace is my bigggest hates in the world , and I'm going to say it ,it's normally women.

Thanks, Bob didn't really have much of a choice, the company has been messing around with Bob all year with various stuff, Bob felt that they had no choice but to resign.

I don't like when people don't show up sick either, however Bob's been sick a long while, probably a condition he can't control. Similar to my better half, can't work for way longer than Bob (she resigned until she's better), yet docs told her to get over her condition and basically not bother them anymore. But that's a different topic which I'm not gonna expand on.

Pretty similar situation to Bob, but would have been no issues though if they were let back to work initially. Constantly being sent away was making things worse, but manager didn't agree so kept sending them away anyway. After persistence Bob was eventually let back. Since then, Bob has just been trying to set things right with all the parties involved, but that is a very difficult task to do, especially so when the manager lies about certain things. The lastest sickness, the company kept bugging Bob to come in for a meeting. Bob was worried they might get sacked, so Bob resigned instead.

I've tried to keep it as generic as possible without going into specific details as it's not about me.

Thanks for all the inputs guys, I'll make some notes.
 
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Is the unrelated illness a mental one, depression or aggression issues?

It sounds like on returning to the company the manager did not see him fit for work because of one thing or another and despite what bob thought of himself, they still felt he was unfit for work so sent him home. I can understand how people think a company is screwing you around when this happens but unless they were planning to get rid of bob, i dont see why they would keep him home and pay sick pay.

I think the moment he panic resigned was the moment he lost a good bargaining chip in this but id be surprised if he is unable to get paid for any earned holiday.

That said, its all so vague, its hard to tell anything is wrong. I can see why you would want to be private but being this vague wont get you any answers, not that your answers to a problem like this should come from GD anyway...
 
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Is the unrelated illness a mental one, depression or aggression issues?

Kind of, but it wasn't an issue before, Bob was fine for the year leading up to this but as they were had one spell of illness with a bad belly, the manager used it as an excuse to keep sending Bob home saying there were issues, forcing Bob to do things that bob didn't want to do because of an event (a very bad, super bad bad evil thing) that happened over a year previous, further making things worse for Bob as Bob did not want to keep going over the same thing over and over again. Manager wasn't even supposed to know about it but found out somehow.

The manger constantly finds flaws and problems everywhere and with everything and always makes things awkward for everyone, when there really is no need for any of it!! No problem for 8 years in department, manager takes over, sees issues everywhere and changes everything. Asks for opinions and ideas and then dismisses them saying they won't work and aren't practical for various reasons, and his way is better and he knows best. Then those things end up being implemented anyway by other shifts, and we have to end up adopting them too.

I think the moment he panic resigned was the moment he lost a good bargaining chip in this but id be surprised if he is unable to get paid for any earned holiday.

Thanks, I'm still not sure on the exact reason why they won't pay the holidays, was just trying to find out more information on the matter of being paid them.

That said, its all so vague, its hard to tell anything is wrong. I can see why you would want to be private but being this vague wont get you any answers, not that your answers to a problem like this should come from GD anyway...

I'm sorry it's vague, the personal problems are not mine to share and I don't really want to go into them too much, as if Bob found out about it, I worry I'll probably be out of one of my only decent friends. I certainly wouldn't be happy about someone posting about my problems online! I only really wanted answers on the holidays thing, thanks anyhow.
 
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Kind of, but it wasn't an issue before, Bob was fine for the year leading up to this but as they were had one spell of illness with a bad belly, the manager used it as an excuse to keep sending Bob home saying there were issues, forcing Bob to do things that bob didn't want to do for something bad (very bad, super bad bad evil thing) that happened over a year previous

:o the Manager made Bob do evil things?
 
:o the Manager made Bob do evil things?

Lol no, there was an event that happened a year previously and it was a very very bad event that shouldn't ever happen to anyone but unfortunately there are massively horrible people in the world. Bob wanted to leave it as that, manager had other ideas.
 
forcing Bob to do things that bob didn't want to do for something bad (very bad, super bad bad evil thing) that happened over a year previous, further making things worse for Bob as Bob did not want to keep going over the same thing over and over again. Manager wasn't even supposed to know about it but found out somehow.

damn, what did bob do!? very bad, super bad bad evil thing?! I is intrigued, much more intrigued by this than bob's holiday pay! :eek:
 
So manager found out about a bad thing that happened to bob and then used that to force them to take an extended period of time off work. I would have said sounds like a boss that cares about the wellbeing as they've noticed something isn't right but that would contradict everything else you've said.

Anyway you've received the relevant advice so nothing else to add just a bit of a random situation.
 
So something happened with bob previously which bob didnt like. Then bob took time off to recover. On bobs return, the manager puts him down for work/jobs that have some sort of relation to the original event taht bob didnt like and thus making bob depressed/anxious forcing bob to flake on his work and take more time off.

Is what the manager asking bob to do within his job role or reasonable given his job role?
 
So manager found out about a bad thing that happened to bob and then used that to force them to take an extended period of time off work. I would have said sounds like a boss that cares about the wellbeing as they've noticed something isn't right but that would contradict everything else you've said.

Anyway you've received the relevant advice so nothing else to add just a bit of a random situation.

Yeah, he probably did think he was helping, but really wasn't and wouldn't listen to what Bob was saying about it.

So something happened with bob previously which bob didnt like. Then bob took time off to recover. On bobs return, the manager puts him down for work/jobs that have some sort of relation to the original event taht bob didnt like and thus making bob depressed/anxious forcing bob to flake on his work and take more time off.

Is what the manager asking bob to do within his job role or reasonable given his job role?

Kind of, very very close

Anyway, thanks you all for your help, I have the answers I'm looking for, can a mod please close this thread now please
 
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