Holiday Pay Question

kerry87_2

Hi,


I have been working for my current employer for 2 years and during this time I have had a number of absences from work sick, not long term just a couple of days here and there.


My boss has advised that I do not accumulate full holiday pay for that month if I am not in for a full month and that it is calculated by how many days you have worked.


So since January, I have had two days holiday pay and apparently not owed any more, is this correct and can my boss do this?


Thanks

mariefab

No, it's not correct.
The House of Lords decided in 2009 that you continue to accrue holiday pay while off sick.

kerry87_2

blondebubbles wrote: »

There is info here - https://www.gov.uk/taking-sick-leave

Thank you for that.


Is this the law or can each business make up their own mind?


The problem I have is I work for a very small firm (4 of us ) and my boss is adamant we don't accrue holidays if off sick and it isn't like we have a HR department or anything so I really don't know how to approach this as I am losing holiday pay because of this.


Thanks

Tiddlywinks

kerry87 wrote: »

Thank you for that.


Is this the law or can each business make up their own mind?


The problem I have is I work for a very small firm (4 of us ) and my boss is adamant we don't accrue holidays if off sick and it isn't like we have a HR department or anything so I really don't know how to approach this as I am losing holiday pay because of this.


Thanks

Print off the pages from the gov.uk website and give them to your manager.

Alternatively, look on the ACAS website; they're bound to have it covered.

Undervalued

kerry87 wrote: »

Thank you for that.


Is this the law or can each business make up their own mind?


The problem I have is I work for a very small firm (4 of us ) and my boss is adamant we don't accrue holidays if off sick and it isn't like we have a HR department or anything so I really don't know how to approach this as I am losing holiday pay because of this.

Your boss is basically wrong / out of date due to what is known at the "Stringer" judgement (google it). As a result of that you cannot legally lose your STATUTORY holiday (28 days per year) as a result of being off sick. If you get more holiday than this then the firm can have whatever rules they like for the EXTRA so you may well lose that.

There has been a further European ruling ( if I remember correctly) which could, arguably, reduce the protected holiday down to 20 days per year but at the very least that is protected.

However, in a small firm, you do have to balance standing on technical rights against the damage that may do to your long term prospects. In theory you are protected but in the real world......

bevanuk

The above is correct. Anything over 28 days (including BH's) the company cando what they want with.

Otherwise you have to receive 20 days + bank hols (1.66 days per month).

Being sick has nothing to do with it, if they want to penalise you for thatthen they need to do if via disciplinary proceedings not by removing astatutory right.

kerry87_2

Thank you all ever so much for the advice.


I will be having a word with him about this, just hope he listens

Takeaway_Addict

bevanuk wrote: »

The above is correct. Anything over 28 days (including BH's) the company cando what they want with.

Otherwise you have to receive 20 days + bank hols (1.66 days per month).

Being sick has nothing to do with it, if they want to penalise you for thatthen they need to do if via disciplinary proceedings not by removing astatutory right.

This is wrong.

Tiddlywinks

kerry87 wrote: »

Thank you all ever so much for the advice.

I will be having a word with him about this, just hope he listens

Good luck - it's harder to argue when the facts are from a government website .

Just broach the subject calmly and say something like 'I was looking something up on the gov.uk website when I noticed a bit about holiday allocation - can I show it to you as I think it might help you work out some calculations..'

Choose your moment - you have 'right' on your side but you have to carry on working there so don't want to start bad feelings if you can avoid it.

kerry87_2

Just an update guys, I spoke to my boss and if I don't like the way he does things, I can "just leave" so he thinks that he is above employment law too!


I think I may as well give up on this

specialboy

kerry87 wrote: »

Just an update guys, I spoke to my boss and if I don't like the way he does things, I can "just leave" so he thinks that he is above employment law too!


I think I may as well give up on this

Ask him for it in writing.