Holiday Pay.

outta_control

Hi, guys, can anyone give any advice on employment please,
Ok without turning this into an essay, here's the story...I've worked as a roofer for last 10 years and I had an accident at work in Feb 2016 now fast forward to Sept 27, 2017, and yes the 2 dates are linked. I went off sick in Sept last year and I'm still currently not working due to this. my employer now wants to terminate my contract as my doctor has said I shouldn't go back to that profession and I strongly agree as this firm are always cutting corners to save money. Anyway im unsure what holidays i am owed and ive asked the wages clerk what i should be getting but she doesnt know yet. Does anyone know roughly by law im owed.
many thanks
gaz

McKneff

Speak to Acas. Do you have a written contract

outta_control

yes im sure have got a wriiten contract

Genuineguy03

You'll be entitled to any statutory holidays you didn't take in the last leave period along with any statutory holidays you have accured in the current leave period. Your also entitled to full pay for each day.

If your on a company holiday entitlement scheme, you'll only be entitled to the statutory minimum of 28 days per leave period, minus how many days holiday you took in the last leave period (and any yet to be accured in current period) prior to going on sick. And not the full amount of days under company holiday scheme, unless the terms of said scheme state otherwise.

So if your on a company scheme, check what it says. If it says nothing then the above statutory minimum of 28 days per leave period minus any you already taken and minus any not yet accured is your entitlement.

System

Genuineguy03 wrote: »

You'll be entitled to any statutory holidays you didn't take in the last leave period along with any statutory holidays you have accured in the current leave period. Your also entitled to full pay for each day.

There is no legal right to have annual leave carried over from the previous year so they're only entitled to what they have accrued this year.

They are only entitled to full pay if they were on a fixed hourly contract. If they worked variable hours then it is an average of the previous 12 weeks where pay was due.

General_Grant

Tarambor wrote: »

There is no legal right to have annual leave carried over from the previous year so they're only entitled to what they have accrued this year.

They are only entitled to full pay if they were on a fixed hourly contract. If they worked variable hours then it is an average of the previous 12 weeks where pay was due.

If one is unable to take holiday because of sickness, that entitlement would be carried forward.

nicechap

outta_control wrote: »

Hi, guys, can anyone give any advice on employment please,
Ok without turning this into an essay, here's the story...I've worked as a roofer for last 10 years and I had an accident at work in Feb 2016 now fast forward to Sept 27, 2017, and yes the 2 dates are linked. I went off sick in Sept last year and I'm still currently not working due to this. my employer now wants to terminate my contract as my doctor has said I shouldn't go back to that profession and I strongly agree as this firm are always cutting corners to save money. Anyway im unsure what holidays i am owed and ive asked the wages clerk what i should be getting but she doesnt know yet. Does anyone know roughly by law im owed.
many thanks
gaz

outta_control wrote: »

yes im sure have got a wriiten contract

Most roofers that I have encountered are self employed - even where they work for a roofing firm.

Being off for more than a year would normally exhaust any sick pay entitlement. You say you had the accident circa 18 months before going off sick - are they related? Were you off sick during this period as well? Who paid your sick leave?

Was the accident recorded for RIDDOR? And are you now contemplating a claim if you cannot work and have exhausted all pay entitlements?

Is your written contract clear whether you are an employee or a contractor? Or does it zero hours contract? Each status can provide different results to your question.

You will need to be clear (to yourself not publicly on here) whether you have in fact received all your sick pay entitlement and already received your outstanding holiday over the last 14 months off work and any time off in the prior 18 months.

Further reading here.

https://www.gov.uk/taking-sick-leave

Genuineguy03

@tarambor

There was an ECJ ruling back in, I believe, 2009 that confirmed that any holiday entitlement acurred whilst on sick, can be deferred to the next leave period. There's been many tribunals and I believe a high court case (therefore case law) that's confirmed the above and that it should be paid as full wage.

outta_control

nicechap wrote: »

Most roofers that I have encountered are self employed - even where they work for a roofing firm.

Being off for more than a year would normally exhaust any sick pay entitlement. You say you had the accident circa 18 months before going off sick - are they related? Were you off sick during this period as well? Who paid your sick leave?

Was the accident recorded for RIDDOR? And are you now contemplating a claim if you cannot work and have exhausted all pay entitlements?

Is your written contract clear whether you are an employee or a contractor? Or does it zero hours contract? Each status can provide different results to your question.

You will need to be clear (to yourself not publicly on here) whether you have in fact received all your sick pay entitlement and already received your outstanding holiday over the last 14 months off work and any time off in the prior 18 months.

Further reading here.


Hi nicechap, I will try and go through the order of points you have listed.
Yes i am definatly on their books not a sub-contractor and have been since starting their in 2008. The accident that happened in 2016 was totally avoidable but i was following instruction from my contracts maneger, and yes it was entered into the accident book and DWP assessed me and said it was a industrial accident so im getting IIDB now. I have got a claim going through but my law firm dont really want to work for their 25% so thats up in the air.
My contract is contracted 39 hours not zero and up untill 6 years ago we used to get full sick pay not just SSP. my accident date and me going of sick date are connected all i done inbetween was pay for private physio and painkillers and thats been my downfall with my claim. and yes the 28week SSP is well and truly exausted and now on universal credit and IIDB. I think that is all you asked and many thanks.Gaz.
I carried on working from feb 16 to sept 17 in pain and going to physio unaware how serious my condition was.

nicechap

So, no holiday pay whilst off sick? (firms can be holiday pay instead of sick pay if both parties agree).

If so, you have any unused holiday pay from previous leave year and all of current year entitlement. Depending on when your leave your starts & finishes (Jan to Dec, April to March, date of joining, etc etc,) what you've taken in previous year and how much is left of current year will be what you are owed - so somewhere between 28 and 56 days depending on the above factors assuming you get legal minimum holidays per year.

outta_control

According to she who puts !!!! turpin to shame I mean the wages clerk, i used all of last years holidays as sick days and the year before. so from april this year i havent as i was on uc then as my SSP ran out and they made us take all our holidays before xmas or we lost them