is holiday pay paid after being sacked for being off sick

cheepskate_2

wondering if anyone can help me.

if you are off sick and subsequently sacked from your employment are you entitled to holdiday pay that has not been taken for the lenghth of sickness.
I know you would not get the bank holidays but am told by employer that i cannot get holiday pay paid as i did not incure any cos i was on the sick, did also say cos i never went back to employment before sack that was why i did not incure any hol pay,

anyone else been in similar circs.

kelloggs36

What does your contract of employment say?

There was a case last year INLAND REVENUE v AINSWORTH
which ruled that whilst on sick leave you do not accrue holiday. I shall try and find the link. I am not sure if this only applies after your contractual entitlement to sick pay has run out or if it applies the whole time.

kelloggs36

It applies only when your contractual sick pay has expired. Your contract should state how long you are entitled to sick pay for.

http://www.idsbrief.co.uk/news/Ainsworth.htm

inkie

I was under the impression that iof you have prebooked holiday and then are off on certified sickness (ie covered by a medical certificare), then you can claim those holidays back.

Savvy_Sue

inkie wrote:

I was under the impression that iof you have prebooked holiday and then are off on certified sickness (ie covered by a medical certificare), then you can claim those holidays back.

No, not necessarily. Some companies will, but I don't think they have to do so.

And my understanding was that as long as you hadn't been off sick for more than a year, you did still accrue holiday. How long were you sick for?

hjb123

It varies from company to company.

While I was on sick leave and subsequently had my contract terminated I had 2 weeks of holiday that I hadnt taken due to being off ill - they wouldnt let me have the pay for these as when my contract was terminated it was into the new holiday year. However as part of the new holiday year had already gone by I got pro rata holiday pay for the time that I had incrued while being off sick!