Stringer and others v Her Majesty's Revenue and Customs

[smouse]

I see the ECJ have now made a decision on this does anyone know if this now means you can claim holiday pay when you are long term sick

[smouse]

One by one people in the shops etc were made redundant and then some repair staff. They stopped doing all repairs and sent them elsewhere. When this happened and the next but one repair person was made redundant we wrote to ask if he would be too and were told no his job was there for his return.
I think they all worked their notice except one
I think we need to see a solicitor now.
All we are going on now is that he paid the holiday pay for two years but then has not paid if for the last 4 while this case was being looked into. If it is reversed and he already had paid it for 2 years we are hoping he has to pay it again now and for the past 4 years. Each year I have written to say what month he wanted his holiday pay and made him aware that the case was still going through
He hasnt spoken to my husband for the last 6 years and as only requested a report from our GP twice

[buildersmate]

Try CAB first to seek 30 minutes free solicitor time.
If everyone worked their notice out it doesn't help - I was working off the angle that if no-one did (work notice), then your hubyy was being discriminated against by the employer's refusal to declare the redundancy - and if it all happened at once it might have helped also. It didn't - people left in drabs and drabs from what you say.
Statutory redundancy amounts are tiny so the real 'prize' is getting the 12 weeks notice money.
I guess for the same reason (employer believes he may get caught by the unfair dismissal legislation) the employer won't state that your husband is dismissed by reason of capability - the (fair) reason typically used when an employee cannot work again. Once again, notice has to be paid - so there is no incentive.
Now I see why you are left with merely trying to extract holiday pay. Good luck - worth going through exploration process but I don't think I can help further.

[smouse]

Thanks for all your help
I'll come back EVENTUALLY to tell you how it went