please help

[lisa2007]

my husband has been off sick for a year now because he had an accident while at work his employer has told him he has lost all his holidays is this right coz he was unable to take them ?

[bednobs]

i think thats right.
If you are off for less than a year then you accrue them and take them, but over a year i think you lose them

[lisa2007]

but i was unable to take them because of the injury i got at work surely this is unfair ?

[bednobs]

unfair, but not illegal.
Was it your works fault you were injured?
Are you asking them for compensation?

[davkel]

try www.benitfitsandwork.co.uk

[Ethel]

The employer is acting legally and properly.

Now, an Appeal Court ruling has clarified the situation. Workers who are absent on long-term sick leave cannot simultaneously take annual leave to which they would otherwise be entitled. Neither can they claim payment in lieu of unused statutory leave.

http://www.practicallaw.com/2-200-8296

[lisa2007]

yes it was a industrial injury and yes i am claiming

[bednobs]

add the holiday into your claim then?

[Meg888]

Check it out with ACAS - we have had an employee of ours off sick for 1yr + and I've been told he still accrues his holidays. Especially as this was an accident at work. Because he been off so long he needs to let his employer know whether he plans to return to work, ACAS act for both employees & ers and advise in employment law - tel [phone] Monday - Friday 08:00 - 18:00

[lisa2007]

thanks will do x