Thank you for this question, however I am rather confused by your question, as I am not sure of the relevance to which month I refer? In my question I ask advice for the the 'yearly' figure upon which the calcualtion was pro-rata - which meant that a proportion of the yearly holiday amount was paid to me and not the full year.

SarEl, Many thanks for your response, however I do not agree this question is asked in my other thread. They are two separate questions, and as such this is why I have created two separate threads. I thank you for your help, but please don't feel obliged to give it and then criticise me for asking the questions. I would rather you didn't respond to my questions if you are going to 'tell me off' for asking questions. Me_too

Hi SarEl, Many thanks for your comments regarding my posts, however my posts are 3 separate questions which is why I have asked them as such. This is to be more concise, and if these questions are relevant to others then the answers given may help more out there than just me. If the title of a thread helps others who have similar problems, then it is easier to write the questions as such. I have been using this site for a couple of years, and as others also know it is hard to find help and assistance when answers are buried into threads of different titles. This thread is an old thread, which was specific to my issues at the time, and one which I updated for those who have assisted me in the past, and for those who have asked where I was and how I got on - with their advice.

Hi all, A quick question for anyone with HR / employment contract experience: My original contract of employment, given to me upon starting employment many years ago, states 24 days holiday per year. There is a reference in the contract which states that after an initial period of service the number of days will increase over a period of time (e.g. after 3 years service, and for every further 3 years worked one extra days holiday is given to the employee) and this is detailed within the staff handbook. In this example let’s say this is 3 extra days. My contract of employment was recently terminated. Payment for accrued holiday for 2010 was calculated using the holiday entitlement stated within my original contract of employment. The ‘service increase’ which was accumulated over a period of years was ignored. I.e. I was paid pro-rata on 24 days, and not 24 + 3 days. The employer outright refused to provide me with a copy, or access to the staff handbook, which details an employee’s holiday rights and entitlements. Is this correct, is the accrued holiday paid upon termination, the dates specified in your original contract? I do not recall anywhere reading that the ‘additional days for service’ can be removed at any time, however without the latest copy of the staff handbook I cannot confirm this. Any advice? thanks Me_too

Hi all, A quick question for anyone with HR/accrued holiday experience: My contract of employment states 24 days holiday Statutory holiday, I believe for 2010 is 28 days I have not taken any holiday throughout 2010 Holiday period runs Jan to Dec i.e. calendar year My contract of employment was terminated part way through the year, and therefore a pro-rata payment was made for the accrued holiday. What value of days should the pro-rata calculation use? 24 or 28? thanks Me_too

Hello, I'm back, well where do I start? Firstly thanks for all of the advice and help given to me, a few months ago I was (and still am) in a poor state of health, but at that time trying to negotiate a compromise agreement with an employer who was extremely bullying and intimidating. They caused much unnecessary stress and detriment to my health, even within attempted negotiations for the monetary terms regarding the termination of employment. Although not relevant to this specific thread, the story so far is : My solicitor got a bit fed up in trying to negotiate with my employers, to the point when he passed the correspondence back to me to negotiate with them! It got to the point when they ignored past ET cases, and my employment rights - even when quoted by the solicitor to them! To cut a long story short, a compromise agreement was NOT signed, and my contract of employment was terminated. (More about this in other threads - to keep this one simple). I was never given a copy of any of the internal policies (this thread was for the expenses one in particular, but others were required as I attempted to negotiate a compromised agreement - but no company policies were ever furnished to me), Many of these formed the 'extended terms' of my contract of employment. And so, now I have to gather my strength and submit an ET within the next 4 weeks! Yes, I have left it a bit late, but I have been too ill to take any action. There will be many questions on here, so i hope that the experts and those who have unfortunately been through the same trauma's can help answer a few questions. Thanks to all who helped, both directly and by placing their own experiences on the forum. Me_too

Hi all, I wanted to ask if anybody has had any success in receiving payments relating to outstanding holiday entitlement, paid upon termination of employment contract due to ill health. This scenario is when an employee has their contract terminated, mainly due to ill health, where they have been absent from work for a period of time spanning over more than one 'holiday' year. An example would be if the employee was off sick for a period of 3 years, and not able to take holiday throughout the whole period. It would appear that under Stringer the employee could possibly carry over all holiday from all years, and may have the amount paid upon termination. I refer to the cases of Stringer v HMRC & most recently Rawlings v The Direct Garage Door Company Ltd. The reason I ask is that I am in a similar situation and wanted to know if anyone is going to tribunal for the same, or in communications with their employer to make a deal. thanks Me_too

Hi, I'm sorry to hear this is happening to your friend. I have CFS, I have been through the group PHI roller coaster, and I'm just coming out of the tunnel! Several long years of hell. I am more than happy to offer as much advice as I can to point anybody in the right direction to assist them as early as possible in this chain of events. CFS is not a psychological illness, yes it may have some elements to it, but is classified in the current WHO International Classification of Diseases with the neurological code G.93.3.It is a neurological disorder. Insurance companies use consultants who have no experience in CFS, which will be of no help to your friend. Yes he must attend if they request, but there are ways of ensuring that the most appropriate consultant is contacted for the specific symptoms. Is your friend a member of any of the ME charities? I don't mean to sound glum, there are ways to address these issues, it's just best to be aware of what practices are used by these companies and to be prepared before any meeting is attended. Please note I do have CFS so I am not always able to get back onto the internet at regular intervals, but I will try in case you try to contact me. Me_too

hi, I've read your posts and I think you are doing the right thing, in standing up for yourself. I have received great advice on this forum in regards to my work issues, and I totally understand your need for support in a meeting with your employer. I've had problems with my employer for several years, and I have been on long term sickness for over 4 years, about to be 'terminated'! My circumstances are slightly different as I am covered under the DDA, so I insisted in my last meeting with them that my partner needs to attend in the role of 'carer'. More recently I asked for my meeting to be held with my solicitor (yes it has become that troublesome) and the employer refused, as by law you are only allowed to bring work colleagues or registered trade union officials - which is no help if you have neither to support you! I would suggest you request they allow you to bring a friend, as you are unable to make notes for yourself, and need them to provide independent support (don't trust them to take proper notes, as in such meeting many things will be omitted - of course not on purpose!). Also, I would suggest you secretly record the meeting. If you are only using the recording for your later reference then there are no legal implications.It would be for personal use due to your illness and inability to remember important issues under stressful situations. If you ask to record it they will refuse. It happened to me, and surprise the notes provided were completely different from what was discussed. I learned my lesson the hard way. The next time I didn't ask. If however it does turn out to be a legal matter, there is the case of Dogherty v Chairman and Governors of Amwell School. I think, and I may be wrong, but it appears that the recording of such a meeting is acceptable in a tribunal. I did record my last meeting, and were it not for listening to it, I would not have realised my employer blatantly lied to me! But that's another story! In the experience of many posters on these forums, the HR department and/or managers doesn't often do anything in the employee's favour so be as prepared as you can be! It might seem daunting, but to be prepared at this early stage in any negotiations will help you in the long term. I'm sure many others out there who have learned the hard way like me, can support this advice. I am due another meeting with my employer, this time it will be on neutral ground. This takes the 'upper hand' away from the employer instantly, and places you at least on equal ground. It may also be less stressful for you to ensure you will not bump into any bullies. Most of all, know that you are in control of the situation. When you feel that, then the pressure is off. Oh and don't get stressed by anything they do! If they have done anything that upsets or distresses you, or even suggest actions that are in your favour, come back here and I'm sure others will be able to advise. Good Luck. Me_too

Hi and thanks for the great advice given on here. I met with my solicitor, who is negotiating a compromise agreement with the employer - hence my reluctance to comment any further at the moment. Not all going as I wanted, but I suppose sometimes you have to give up the fight, just for your own sanity. Me_Too

hi, thanks

Here's some new questions....my mind is spinning today. I haven't had much sleep as my solicitor advised to take the money and run and I feel that I have been treated unfairly.....and want some answers/compensation for losing two years to their awful behaviour resulting in: **removed** Thanks Me_too

Hi Joncris,

Hi and thanks for the advice, I have sent another letter (yesterday) stating I am entitled to copies as part of my terms of contract. The problem I have is the HR manager is just totally incompetent !! **removed due to ongoin negotiations of compromise agreement* * ! have a great bank holiday Me_too

Scousegeezer, Thank you so much for your assistance today, it has been really helpful and eye-opening. I thought is was much more of a clear cut case until I received the replies. I agree with your suggestions of their 'get out clause', based on 'because an employee thinks they are', but I think what would be detrimental to the argument of 'conflicting reports' is that they ignored their own Occupation Health report which was commissioned to validate my health status to dispute the other report! This was back in early 09 (only a few months after the dodgy insurance report). One would think that their own advisor should take precedence over one which was a complete set-up. I shall bring this to the attention of the solicitor, and just hope that he understands DDA much more than I do. He isn't an employment specialist, but a PHI specialist, but I do think he knows quite a lot about the employment side as a result of assisting many people with PHI group claims. Me_too

Hi

Hi,

Thanks for the prompt response.....

Hi bigredbus, Thanks for your posting, I can see what you mean. Now I am confused. :? There seems to be lot more behind it than just believing I was 'fit to RTW', though the employer actually quoted (from the dodgy report) that it is 'something non-illness related' which is preventing me from RTW and not any ill health/disability. This to me implies they do not believe my illness exists and therefore I am not disabled as a result of this illness (which is covered under the DDA). When asking their own occ health Dr to meet with me, in the letter of request the employer referred to 'something non-illness related' which was preventing me from returning to work. The Dr replied that I was unfit to RTW, no adjustments could be made to allow me to rtw and that my illness was covered under the DDA and that my daily living was seriously curtailed. The employer then asked another 'medical expert' of theirs to explain (the contents of the dodgy medical report) to the companies occ health person. To me this implies that the dodgy report which states my 'ill health is not preventing me from working and it is other issues which are preventing me from working/and that I wasn't disabled' is believed above another which clearly states my illness seriously curtails my daily living. My thoughts are - if the employer does not believe I am ill at all, (as opposed to just the RTW as you clearly pointed out), to me this means they are assuming that I am not disabled, which is a resultant issue of being ill. I'm not sure if I am making any sense? I hope I am. I'm just rather confused about he whole issue. Me_too The text in italics is as I am unable to list the details on here as anyone working on the case will know who Iam.

Hi, I'm having a few issues with my employer in regards to a group PHI claim, which has now been settled. It has taken over 2 years for the employer to appeal for me, and my question for this thread relates to the Disability Discriminations Act. When the Insurance company declined the claim, they based this decision on a medical report which wrongly stated I was fit to return to work. When the decision (not to pay) came through, my employer sent me to their own occupational health specialists who confirmed I was unfit to return to work. I had been disabled for 2 years prior to this, and was getting worse not better. Now here is the bit I need help with, the employer chose to ignore my statements when explaining exactly how disabled I was (and still am) as well as ignoring their own appointed Dr's independent report. Instead they decided I was fit to return to work, choosing to believe the duff report from the insurance company. At the time I explained the report was in error, and was a set up - but they did not believe me! It's taken two long years and a struggle to get them to appeal, but my question is: Is this disability discrimination if they did not believe I was disabled? Instead they tried to get me to attend a RTW interview when clearly their own dr stated I was unfit to RTW, thus causing more stress and further decline in my health! thanks Me_Too

Good morning, I had to laugh this morning, ah the broker!!!! See comments ...

Hi Hb, Just signed back on.....thank you for finding this for me, the issue is the payment is made from the insurance company to the employer, and not to me - which means the point in italics in your quote below is the bit which fails me. Although it is a policy to protect the employee, the payment is for the employers benefit, and therefore the only party able to complain to the FOS. I have called the FOS several times, but my employer is refusing to believe that the employer is responsible, or to make a complaint. In reality, this poor effort on their behalf just adds to the ever growing list of failings by them and the broker throughout this claim and appeal. Thanks Me_too

Hi and thanks for your response, I think my PM has overlapped with this response, but I will explain here also.....

Hi honeybee, A few comments below.....

Hi Honeybee, I linked to this thread through another..... As detailed in my thread I have experience of Insurance Claims and would be happy to offer any advice I can through PM. As detailed in another post ICD-10 are the codes used by WHO, and I have used the codes to my advantage when appealing an insurance claim. I'll PM you. Me_Too