quick question re bank holidays.

dori2o

Dad off sick for 4 weeks including over christmas

Dad had been given 26 days holiday between 02/01/09 and 01/01/10. Included in this are 8 bank holidays, employer demands that 5 days annual hioliday are reserved for Christmas to cover the 1 week shutdown.

Employer is refusing to pay the last 3 days bank holidays as my Dad was on the sick. Employer claim that he has no obligation to pay the bank holidays as my Dad was off sick. he also says he was under no obligation to pay the 5 days holiday leave for the 1 weeks shut down, but did so as a gesture of good will.

As the bank holidays make up part of my Dads statutory holiday leave, can the employer withold payment.

My dad works 5 days per week (Mon - Fri) full time and has been with this employer 10 years.

rupee99

dori2o wrote: »

Dad off sick for 4 weeks including over christmas

Dad had been given 26 days holiday between 02/01/09 and 01/01/10. Included in this are 8 bank holidays, employer demands that 5 days annual hioliday are reserved for Christmas to cover the 1 week shutdown.

Employer is refusing to pay the last 3 days bank holidays as my Dad was on the sick. Employer claim that he has no obligation to pay the bank holidays as my Dad was off sick. he also says he was under no obligation to pay the 5 days holiday leave for the 1 weeks shut down, but did so as a gesture of good will.

As the bank holidays make up part of my Dads statutory holiday leave, can the employer withold payment.

My dad works 5 days per week (Mon - Fri) full time and has been with this employer 10 years.

Since 1 October 2009 everyone has been eligible for a minimum of 28 days holiday if on a 5 day per week contract, to include Bank Holidays, therefore without getting into the fine detail it would depend on what his contract says about holidays the employers action appears on the face of it to be correct.

You really need to get someone to have a closer look at it as they will need a great deal more detail to advise properly.

McKneff

If your dad was on the sick on a bank holiday, all he will get is sick pay.

The employer was correct in saying that he was not under an obligation to pay him the holiday pay. Your dad was lucky, this is not normal procedure.
If he was paid Holiday Pay for that week then he would not received sick pay. Presumably the employer took him off the sick to enable this to happen, then put him back on the sick at the start of the next week.
You cannot be paid both for the same week.

dori2o

The employer does not pay any sick pay, it is no pay for the first 3 days then SSP.

His contract says he gets the Statutory minimum allowed holidays, which includes Bank Holidays i.e. the minimum for this year is 28 days,so he gets 20 days holiday and 8 bank holidays. (Last year the employers saidit was 26 days 18 days holiday of which 5 had to be saved, and 8 bank holidays)

The business is closed on Bank Holidays.

Also the business was closed from end of business 22nd December 2009 till 4th Jan 2010, hence why ALL employees have to withould 5 days of their annual holiday entitlement, to cover the 1 week closure.

Therefore the 5 days cover 23rd, 24th, 29th, 30th, 31st December, and the 3 bank hols are 25th, 28th December and 1st January.

Lady007

Recent case law dictates that if an employee is on long term sick then they are entitled to reclaim their annual leave at the minimum to cover the Statutory minimum leave entitlement. Your Dad can definately request the 5 days and the 3 days back if he was recorded as sick for those days

dori2o

Sorry, maybe I had not explained myself properly.

My dads employer gave him 26 days holiday between 02/01/09 and 01/01/10.

Up until the point where he had to go on the sick he had used 18 days leave and bank holiday entitlement in total.

The company insist that 5 days holiday entitlement MUST be witheld to cover the shutdown for Christmas. The business was closed from 23rd December til 3rd January inclusively.

So the 5 days witheld leave are to cover 23rd, 24th, 29th, 30th, 31st January. That would take the number of days used as 23.

The remaining 3 days (26 days total entitlement less 23 used)are the Bank holidays that the employer is refusing to pay in full. (Xmas day, Boxing Day and New Years Day)

The employer has paid my dad SSP for these 3 days.

I am under the impression that as these days make up part of his statutory entitlement that SSP should not have been paid on these days and the employer should have paid these days in full as part of my Dads holiday entitlement.

Lady007 wrote: »

Recent case law dictates that if an employee is on long term sick then they are entitled to reclaim their annual leave at the minimum to cover the Statutory minimum leave entitlement. Your Dad can definately request the 5 days and the 3 days back if he was recorded as sick for those days

Would you have a link to this case law.

patman99

Until 2009, it was my employers policy to dock 1 days holiday for every 13 days (accumulative) off sick. They then tried-it on with someone who knew this to be illegal (since 1996), and who got his solicitor to write to the company, hence thier change of policy.

The op's dad is therefore entirled to 5 days extra for this year (unless his contract of employment states that holidyas not taken cannot be carried-over and will be lost).
If you are signed-off sick and have a holiday day during this period, you are not entitled to full pay for the holiday as you are officially off work sick.

Lady007

Stringer and others v HM Revenue and Customs. sorry can't post the link but google it.