We have an employee who has been on long term sick leave since June 2010. We have followed a capability procedure and now propose to terminate employment. The employee has not taken or requested to take any holidays or to carry over any holiday during his absence. I therefore understand that we do not need to pay holiday pay for the years preceding the current holiday year. However the employee is claiming that he is owed accrued holiday pay for the period since June 2010. Our holiday year runs from 1 January to 31 December. How do I handle it?
Sharon McArdle writes:
The answer to this question essentially depends on whether a Tribunal would decide that the employee was
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