Ssp and holiday pay

chrisbur

sangie595 wrote: »

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.

The last instructions I have seen regarding SSP and holiday at the same time was
"Paid leave during SSP
Under a European Court Ruling in January 2009, any
employees are entitled to paid leave during periods
of sickness.
Where an employee who is on sick absence and in receipt
of SSP, takes paid leave, their entitlement to SSP continues
if their period of incapacity to work continues.
You can offset the paid leave earnings against the SSP you
have to pay for the same day(s) and as long as you pay
earnings of at least the daily SSP rate due for each QD.
You would not need to make any other payments, unless
you wish to. However, if the amount due for paid leave is
less than the amount due for SSP on the same day, you
must top the payment up to at least the level of SSP.
The above guidelines apply to all employees on sick
absence on or after the date of the ruling on
20 January 2009. "

Has something new come out regarding this?

As I understand it payment for holiday while on SSP would be the holiday rate or the SSP rate whichever is higher.

victoriaolivia

i was just trying to think of something that is sat down most of the time, hes ok on computer as in can do basics but hes slow at typing so in that sense wouldnt be any use doing my job in an office for example. Does ESA help you find work thats more suitable should you have a disability of some sort albeit may sound minor compared to some disabilities, he obviously wants to work but it has to be something he can do and not be a case of you take this job or your benefits stop. Would they help you get into training etc for something totally new? We have never not worked so this is all new to us.x

marliepanda

victoriaolivia wrote: »

i was just trying to think of something that is sat down most of the time, hes ok on computer as in can do basics but hes slow at typing so in that sense wouldnt be any use doing my job in an office for example. Does ESA help you find work thats more suitable should you have a disability of some sort albeit may sound minor compared to some disabilities, he obviously wants to work but it has to be something he can do and not be a case of you take this job or your benefits stop. Would they help you get into training etc for something totally new? We have never not worked so this is all new to us.x

Being slow at typing would not qualify you for ESA. The more yu practise the better you get.

Currently he does not have a 'disability' he has a healing/damaged foot which means he cant stand for 12 hours. He would need to go onto JSA or UC and look for suitable work which did not involve 12 hours of standing, taxi driver, office work, there are tonnes of options if standing for long periods is the only obstacle.

Call centre work, been there, done that, I really dont think its as complicated as some are making out. 'Negotiating the headset' well if you consider putting your headphones on to be a negotiation, then maybe. It may not suit him, but its hardly insurmountable.

Depending on how his leg heals, bin man, they do do a lot of walking, yes, but its not static standing for 12 hours, there is sitting whilst driving from road to road. Delivery driver, I could go on.

victoriaolivia

hi thanks, he cant drive at the moment, he doesnt have a licence, since getting knocked off his push bike we have both said we want him to learn to drive but that is something we cant afford whilst he is off work unfortuantely, he has never needed to learn to drive so never has

victoriaolivia

Just wanted to say thanks for people replying. Appreciate the input. Hopefully in the next few months we have some better luck with his foot and he doesn't get any more infections and there is some sort of job for him where he currently works.
Thanks xx

sangie595

chrisbur wrote: »

The last instructions I have seen regarding SSP and holiday at the same time was
"Paid leave during SSP
Under a European Court Ruling in January 2009, any
employees are entitled to paid leave during periods
of sickness.
Where an employee who is on sick absence and in receipt
of SSP, takes paid leave, their entitlement to SSP continues
if their period of incapacity to work continues.
You can offset the paid leave earnings against the SSP you
have to pay for the same day(s) and as long as you pay
earnings of at least the daily SSP rate due for each QD.
You would not need to make any other payments, unless
you wish to. However, if the amount due for paid leave is
less than the amount due for SSP on the same day, you
must top the payment up to at least the level of SSP.
The above guidelines apply to all employees on sick
absence on or after the date of the ruling on
20 January 2009. "

Has something new come out regarding this?

As I understand it payment for holiday while on SSP would be the holiday rate or the SSP rate whichever is higher.

That is what HMRC say, isn't it? Unfortunately, as in other things, employment law and HMRC don't agree with each other, and there has been no court case to determine which interpretation is correct. In employment law you cannot pay for holidays unless someone is actually taking holiday or is leaving their employment. The OP here is not saying that the employer has refused them holiday - they have refused to pay them the holiday pay. All of which is irrelevant as the OP has an option of SSP or holiday pay being paid- in law, they are entitled to both, just not at the same time. The employer cannot force someone to use their holiday on being sick. That way leads to a potential case of discrimination.

sangie595

victoriaolivia wrote: »

i was just trying to think of something that is sat down most of the time, hes ok on computer as in can do basics but hes slow at typing so in that sense wouldnt be any use doing my job in an office for example. Does ESA help you find work thats more suitable should you have a disability of some sort albeit may sound minor compared to some disabilities, he obviously wants to work but it has to be something he can do and not be a case of you take this job or your benefits stop. Would they help you get into training etc for something totally new? We have never not worked so this is all new to us.x

I'm saying this with a ton of caution, because it's a government programme and only available to the unemployed - which he will be soon I guess... I think there are different experiences of this depending on who the contracted provider is, but in our area the Health and Work Programme had been brilliant with members who have had to leave jobs on health grounds, and has more flexibility to provide individual programmes and training for people who need help to retrain. If he's going to find it that difficult, I'd suggest he at least tries it. For people with health issues it has no qualifying period of unemployment - you can refer yourself and volunteer for it. They did an assessment and design a programme for each person. Any port in a storm?

sheramber

https://www.gov.uk/statutory-sick-pay/how-to-claim

Talk to your employer if you think:

their decision not to pay you SSP is wrong
you’re not getting the right amount of SSP

You can ask them for a reason. If this does not sort the problem, contact the HM Revenue and Customs (HMRC) statutory payment dispute team.

HMRC statutory payment dispute team
Telephone: 03000 560 630
Monday to Thursday, 8:30am to 5pm
Friday, 8:30am to 4:30pm
Find out about call charges