Ssp and holiday pay

victoriaolivia

Hi my husband is on long term sick. He works at a pub his boss is going into liquidation and the pub going back to the brewery. She is saying she can't pay his ssp and his holiday pay. It's one or the other. Is that true does anyone know.
Thanks

victoriaolivia

He Is already gonna lose £650 from last year as he had a verbal agreement of carrying 2 weeks over as we assumed he would be ok by now and the 2 weeks would cover half term in October but now she's saying no they are lost she's skint so can't really afford to pay out anything anyone is owed but will try

sangie595

Please define "works at a pub" - does he have contractual and fixed hours, or is he paid as and when he works? And how long had he been off sick? How long had he worked there?

On an technical level it is correct that he cannot claim holiday pay and sick pay at the same time. But that shouldn't be a issue as he should be paid any owed holiday pay when his employment ends, and SSP now.

But they're area a lot of things that might affect three advice here, so toy really need to tell us more and answer those questions. There is, potentially, a government agency that might pay monies owed if the employer can't pay. But there isn't enough information to give you good advice.

victoriaolivia

Hi he is contracted to 36hrs as a chef. His boss was sorting a sit down job as he shattered his foot in a bike accident and still on crutches 7 months down the line. He had been working there 2 months with the new owner tho on and off at the pub for 12 years with a different job inbetween for 2 years but with this contract 2 months before his accident

victoriaolivia

It's unlikely a sit down job will be available when no owners take over so we are looking at it as they will eventaully let him go as his surgeon has said 99% sure he won't be standing on his feet 12hrs a day any more

sangie595

victoriaolivia wrote: »

Hi he is contracted to 36hrs as a chef. His boss was sorting a sit down job as he shattered his foot in a bike accident and still on crutches 7 months down the line. He had been working there 2 months with the new owner tho on and off at the pub for 12 years with a different job inbetween for 2 years but with this contract 2 months before his accident

Sorry, I know you're doing your best... But this isn't a lot of help! If he's been off work for seven months then he can't be on SSP anyway - it's only paid for 6 months. So how is the employer saying they can't pay it if they don't have to pay it anyway? Are you sure that you haven't misunderstood what she is saying when she says she can't pay SSP?

If he only has nine months service then he isn't entitled to redundancy pay, he shouldn't be on SSP but ESA (which isn't paid by the employer), and past that there's notice pay (one week unless his contract says otherwise) and part of the years sick pay. Has he made a claim for ESA?

victoriaolivia

hi sorry we are going into the 7th month, his ssp runs out on the 6th august, job centre said to come on the 7th to apply for ESA.

victoriaolivia

husband is bothered if she pays holidays but not spp it will look like hes gone back to work for 2 weeks then off sick again which isnt the case. We have an insurance claim going through for the accident

sangie595

He can't have holiday pay unless he does go back to work - or his job finishes. You can't be paid holiday pay and SSP simultaneously for the same period of time. And there's no right to be paid for holidays unless your job is terminated. That said, at this stage, he'd probably be best off being dismissed or resigning, and just asking for his owed payments. It doesn't seem likely there will be a job, nor that he'd go back if there were. So she should pay the SSP until the date of termination, then the accrued holiday pay when he has actually left the employment.

You might need to check out the situation for ESA. It seems that what you are saying is that he's not unfit for work, just not fit to work as a chef - or standing up anyway. So I'm not sure whether he'll be able to qualify for sickness benefits since it seems he's technically not unable to work. It would be worth having at look at the benefits board and asking there, as I'm rubbish at benefits!

victoriaolivia

thanks, so i assume he will just continue to acrue holidays this year and if the new people finish him they will pay him his acrued holidays?

will he qualify for ESA whilst hes still employed by the pub, i assume he might only be classed as fit for work when hes out of employment and could look for something else? I think the only option would be something like a call centre tho as hes no good on computers and struggles with spelling

[Deleted User]

victoriaolivia wrote: »

I think the only option would be something like a call centre tho as hes no good on computers and struggles with spelling

You might sit down in this type of job but even in a call centre you need to be computer literate I hate to break it. It isn't just calls but he'd need to co ordinate details within a computer to bring up job/booking/order and that's alongside negotiating the head set which is often computer lead and with it's own system.

The only place that was weird in that the desks had yellow pages instead of computers (the team shared one machine) was a rather pressured sales environment - even now I'm going back a few years.

I've just finished with a company where if I was perfectly honest I couldn't see the screen never mind just about work it (I have very good eyesight normally) and whilst deemed a sit down job it was actually mainly scanning when you weren't busy answering the two telephone sets per desk ringing off the hook.

Those call centre people are very credible and do more then answer calls.