am i entitled to holiday pay?

bubble135

hi
im sorry in advance if im not in the right area to ask this question,if im wrong could someone direct me to the correct part of the forum please? thank you.
i work for a small business part time but last december i fell on some ice and broke my leg and ankle so im currently off sick.
im not entitled to sick pay as im only part time i understand that but ive been told im entitled to holiday pay (4 weeks) for the year that i worked last year but i cant receive that until i go back to work.
the thing is im worrying that after months of recovery i wont be able to do the job any more.
ive been there 17 years and never had time off before so never been in this position, its not a hard job but you have to get it done in a short space of time and it involves a fair amount of lifting and pulling about.
the thing is while im slowly getting better i know i'll never get to the speed needed to carry on as i was only just managing it before i fell.
the company have been nothing but good to me over the years and i think im going to have to go speak to them and say im going to have to leave but id like to know in advance whether i am entitled to the holiday pay if i leave.
i dont want to argue the point if im wrong if you see what i mean.
any help would be appreciated,thank you.

Notmyrealname

All employees are entitled to holiday pay from the very first hour they work for an employer.

You are entitled to 5.6 weeks pro-rata so if you work 16hrs a week you're entitled to 5.6 x 16hrs.

Usually with holiday pay if you don't use it in the holiday year, you lose it. There is no legal right to carry over holidays from previous years. However it sounds like your employer hasn't informed you you're entitled to holiday pay at all!

Why have you never had time off in 17 years when you've legally been entitled to 4 weeks off every year?

You say they've been good to you, I say they've been taking you for a mug.

bubble135

sorry, i wasnt very clear,
ive had 4 weeks holiday every year i meant ive never been off sick.

paddedjohn

You have been accruing holidays while you are on the sick and if you leave then you must be paid this in your final pay packet. Why have you only been getting 4weeks leave per year when the legal entitlement is a minimum of 5.6 weeks?

KiKi

OP, I assume you've had 4 weeks off every year PLUS Bank Holidays, or days in lieu of BHs?

KiKi

kingfisherblue

Are you still off sick with the broken leg and ankle? seven months is a long time for a break to heal - have there been complications? Or are you off sick for another reason?

getmore4less

You generaly don't resign while sick unless you have something to go to.

They might have somehting else you can do.

12 weeks notice pay if they finish you on capability grounds

Holiday acrue while sick and untaken carry over

if you need the money you can agree to have this paid while sick.