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Holiday pay entitlement
starry
Posts: 105 Forumite
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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What does your contract say about accruing holiday pay whilst on sick leave?0
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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
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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.0
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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!!!0
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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!0
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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.0
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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.0
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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.0
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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.0 -
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.html0
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