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Holiday pay entitlement

Hi everyone, This is my first post so i hope it's correct.I have been on sick leave from work and my ssp has finished. I am know receiving IB but am wondering if i am entitled to my holiday pay. I had 3 weeks left to take when i was taken ill. My employers are a small one shop business and i have worked there for over 20 years full time. Any advice anyone can give me will be greatly appreciated, Thanks, Starry.
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Comments

  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    What does your contract say about accruing holiday pay whilst on sick leave?
  • starry
    starry Posts: 105 Forumite
    Hi Kelloggs, I never signed a contract. It's a small family run shop and they have been very understanding whilst i've been on sick leave. They are more like friends than employers and i don't want to ask for anything i'm not entitled to. At the minute i am pretty skint though and could do with the money. Thank you kellogg, Starry:confused:
  • Chas
    Chas Posts: 1,794 Forumite
    I'm sure someone will know the 'official' answer but I do the payroll for a small business & staff there accrue holiday entitlement when they are off sick. I used to work for Tesco & the same applies there.
    There are three types of people in this world - those who can count and those who can't.
  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    There has been a recent ruling about this last year whereby it was determined that if a person is off sick then they can't accrue holiday. However, it may be after a set period of time and I shall have to check that out to know for sure. When I find the link I shall post it!!!
  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Well, it is in respect of LONG TERM sickleave and the case has been referred to the European Court for further consideration, thus throwing doubt on the ruling. I am still looking for the full transcript!
  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    And it was in respect of unpaid long term leave, so if you are in receipt of sick pay, you may well qualify to accrue annual leave.
  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    It is in respect of cases whose company sick pay provisions have expired - prior to that it looks like the answer is yes, you should accrue holiday.
  • starry
    starry Posts: 105 Forumite
    Thank you for going to all that bother for me kelloggs. This is the first time i've used this website and you have been a great help, I won't be so nervous about asking now. Once again a BIG, BIG THANK YOU. Starry.
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    kelloggs36 wrote:
    There has been a recent ruling about this last year whereby it was determined that if a person is off sick then they can't accrue holiday.

    Can you evidence this?
    Don’t be a can’t, be a can.
  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Yes, it is Ainsworth vs Inland Revenue check the HM Court service website under BALI section. The case was heard in 2005.

    http://www.bailii.org/ew/cases/EWCA/Civ/2005/441.html
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