statutory holiday pay

dandare

hey i wonder if anyone could answer this or put me in the right direction to find out.
my G/f has been working for a small barbers for 1 1/2 years and is planning to leave, her employers know this, as i read it from the direct.gov website she is entitled to 4 weeks( 20 days) holiday from november till november, her starting month.
she only took 3 weeks during the nov to nov period last year. and will have built up 6 months worth of holidays by the time she leaves.
so, is she entitled to pay for the 4th week unused from last year( must it be taken within that period or lost ?
and she has taken 1 weeks holiday from nov till present so will be entitled to 1 weeks( 6 months working, 10 days owed) holiday pay? correct?
thanks
dan

honeypop

Unused holiday time doesn't have to be paid or carried over (it will state what happens regarding this in her contract) so she has probably lost this time.

If she gets the statutory holiday (20 days), this is accrued at a rate of 1.66 days per FULL month worked. So you say it will be 6 months built up when she leaves = 9 days (they MAY round it up to the 10 days, but sometimes only allow for the full days accrued, which in this case is 9.96 so 9 days).

She has taken a week off already you say, assuming this was 5 days, she will have 4 (or 5 if they work it like that) days holiday left which should be paid to her in her final pay when leaving the company, or used up before this time.

dandare

ta honeypop.

dandare

she is also going into hospital for an op on tuesday, with 1 week recovery time, what about sick pay would she be entitled to that?

honeypop

Again, specifics will be in her contract if the company has a sick pay policy, though if she is entitled to statutory sick pay (SSP) this is paid from the 4th day off work (in a row) and is paid for every day from then that she would normally be working, at a rate of £72.55 a week.

dandare

thanks again honypop,
yes this may be a problem she doesn't have a contract. its just the 3 of the cutting hair and it's all been on friendly verbal terms so sick pay may be out of the equation for her??!! as for ssp i think you have to earn £80 or less a week to be eligible? ithink?. which would exclude her.
seems they may not have been paying her ni or tax either so it may be getting a bit messy.

tigtag02

Hiya - its £84 or MORE (will be a bit more now we are in the new tax year) and if she earns above that her employers MUST pay her SSP from the 4th consecutive day.

HTH

tigtag

dandare

oh i see i got it muddled up i thought ssp was paid to you by the government if you earn less than the £80 or so per week, as she earns more that would exclude her but it should then be the responsability of her employer. and is it her normal daily rate?

Savvy_Sue

dandare wrote: »

oh i see i got it muddled up i thought ssp was paid to you by the government if you earn less than the £80 or so per week, as she earns more that would exclude her but it should then be the responsability of her employer. and is it her normal daily rate?

SSP is NOT her usual daily rate, but is set by the government. An employer may choose to pay full pay for an initial period of sickness, but doesn't have to.

Not having a contract doesn't necessarily disadvantage her: actually she does have a contract in that she's been turning up and they've been paying her. ACAS will have information on what's assumed to be in a contract if it's not been put in writing.

The other thing when there isn't a contract is that you can't treat one person one way and somebody else another.

It worries me that you say they may not have been paying her tax and NI. What's on her payslips?

ohreally

dandare wrote: »

seems they may not have been paying her ni or tax either so it may be getting a bit messy.

Is the employer making a deduction from her wages and not paying it to the revenue or is there simply no wage deduction for income tax and NI? Either way this may require an explanation from the employer with huge potential for the brown stuff to start flying about.

derrick

THIS PAGE has some god info,

The following is taken from that page, and implies that holiday pay is payable from the hour you start work:-

How can holiday pay be calculated for a worker who left after only three days in employment?
An employer should define in the written statement of employment particulars what is a working week.

For example, based on a 5 day working week, 20 statutory days paid holiday are due in a year.

3/5 of a week = 0.6
0.6/52 x 20 = 0.2307692

This sum represents approximately a quarter of a day. Therefore, payment on termination for holiday accrued on the basis of three days work, would be around two hours pay.