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[Closed] Employer put 2 days sick leave through as holiday.. can they do that?

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I have spoken to ACAS, checked citizens advice website and unofficially spoken to an employment lawyer. I think I have covered all bases.. fingers crossed.


 
Posted : 27/11/2019 3:16 pm
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TUC website has good stuff on it as well

You sound well prepared. Be calm, be sure of your ground. Do not get into a slanging match. State your position and the legal position clearly and calmly. Tell them what you expect the outcome to be. Do not ask them. Tell them

good luck


 
Posted : 27/11/2019 3:26 pm
 poly
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He loses the 2 days’ pay (or would have had to pay for them at the end of the year) unless he wasn’t going to use his holiday entitlement this year (i.e. unless he was going to do some free work). He would’ve got SSP for those 2 days, as a minimum.

No SSP unless you are off for 4+ days.


 
Posted : 27/11/2019 7:56 pm
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Ok... that went well.

Never got a chance to speak to him yesterday so had a chat today about not legally being able to take any money off me for the holidays.

He was fuming and said it’s morally wrong and couldn’t believe I would stoop so low after all they have done for me.. I reminded him I had 11 years loyal service and hard work behind me at the company plus been off twice with work related stress and depression. I agreed it’s morally wrong but legally there isn’t a thing he can do, and I certainly can’t afford to loose £400 at any time of year let alone at Christmas.

He said it’s on my conscious but if that’s the way I want to play it then fine, he said people have always paid back holidays they have taken but not accrued and I said that’s their fault for not checking the legality of what he is doing. Then he basically told me to leave. Which I did.

I would rather have left on better terms but I’m only getting what I’m legally owed so I don’t feel guilty st all.

Thanks to all those who provided info. I would have never realised all this if I hadn’t been pointed in the right direction.


 
Posted : 28/11/2019 7:56 pm
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Well done. I'd not have that on my conscious - you won and proved him wrong - it's not 'his' money. £400 is nothing to the company, but it's a fair bit to you.


 
Posted : 28/11/2019 8:06 pm
 zomg
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PS Union’s are sh1te…. never stopped me getting redundant twice, and are a right royal pain in my current role (finance – but ensuring people have jobs is my remit – i.e.managing finance).

Interesting. Have you ever wondered about the history of industrial relations and things like redundancy payment? Unions might have had more significance in your life than you imagine. I can see the downsides, but organised labour has been a force for good too.


 
Posted : 28/11/2019 10:42 pm
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Good result. Well done for standing up to him


 
Posted : 28/11/2019 10:59 pm
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What have the unions ever done for us:

Off the top of my head. paid holidays, workplace safety, wage rises, redundancy payments, sick pay, just to name a few


 
Posted : 28/11/2019 11:01 pm
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What have the unions ever done for us:

aqueduct.....

Oh that was the Romans


 
Posted : 28/11/2019 11:11 pm
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Moral / conscience has no bearing here. He's your employer, not your mate. This is why we have employment law.

Your 11 years of "loyal service" would count for the square root of jack shit if they wanted to make you redundant tomorrow as a cost-saving exercise. Where would "moral" come into it then?


 
Posted : 29/11/2019 7:58 pm
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