what are my right in employment/holiday entitlement in the uk?

Question

i have been off work for the last 6 weeks due to depression, i am signed of for a further 2 weeks, the reason is that pressures at work have got to a point it was affecting me and my family, My employer moved me from my job, sideways on to the vans delivering our products, the guy they replaced me with , came in on around £50 more than me pw. when i complained i was told it was none of my business and if i didnt like it, to leave!!
i am now at a point where i am not wanting to go back and am considering handing my notice in, i have worked there for nearly 11 years, i am now on statuatory sick pay, to top it all the new guy who replaced me is now leaving also, BUT, if i leave what am i entitled to, our Holidays ran from january to december so i have not used any up yet for 2007, am i right in thinking that i am entilted to all that years holiday pay also if i dont go back because of my depression and being afraid it will all happen again is that classed as constructive dismissal.

my usual holiday entitlement is 4 weeks per year not including bankholidays

can i clarify that i have used my holiday entitlement for 2006, i intend to resign early january 2007, where i would have 4 weeks to come for that year

my employer changed my job before the depression was an issue

Answer 1

You can only claim holiday pay for untaken holidays that have accrued up to the date you leave. They accrue at about just over 1 1/2 days per month. so if you leave in mid January you'll only have accrued about three quarters of a day holiday for 2007.
Constructive dismissal is when your employer makes your job or conditions so difficult that you can no longer work under those conditions. You can only claim constructive dismissal after youve left a place and its one of the most difficult things to prove employment wise. You can get more advice on it from ACAS or a solicitor who specialises in employment (find one near you on 'solicitors on line'. You could also have a case if youre employment is the direct cause of your depression, since employers have duties to maintain good mental health for employees. But this again needs specialist help and is a bugger to prove.
Good luck!

Answer 2

You should have been given a contract of employment by law you should have a copy of this if not ask to see the employers copy, in it it should state what you can claim for and what your rights are, whatever you do do not give them any reason to sack you at the moment and yes you are entitled to holiday pay you should use the Internet and find http://www.dti.gov.uk where you should find all your answers

Answer 3

you are only entitled to 4 weeks paid holidays per year, and you can stay on the sick for six months before your employer can sack you, also if an employer thinks you can no longer do the job you were taken on for of course they can move you to a job which he/she thinks you can do succesfully

Answer 4

oftentimes you woule accrue on on a daily basis worked despite the fact that it particularly relies upon on what your contract says and the way long you have been employed via your organization. Public servants after 2 years could unquestionably be accued on days worked privately it may be via affiliation and the two could place self belief in you working finished word.