Holiday pay when leaving after sick

James-may

Hi I'm looking for a bit of advice for a friend, he has worked part time somewhere for just under 2 years, he became ill in January, and has had sicknotes from the doctor, and has another currently which doesn't end for another 2 months.
He gave a months notice last month as he feels he can't continue in the role anymore, his last official day of work was last week.
His holiday year runs from January 1st til Dec 31st
He works 20 hrs over 5 days per week.
He normally gets all bank hols off and so that is deducted from his entitlement, so is left with maybe 3 or so weeks he can take as actual holiday.

However, upon speaking to his payroll he says they have told his all he entitled to is 1 weeks sick pay and 2 and half ish weeks.
But from what I can tell he should be entitled to around 3 and a half ish weeks.

Am I right about this?, Or am I mis remembering holiday laws.

Looks like the employer is saying as he was on the sick he forfeits the bank holiday days.

It might be wrong, or It may be cos he is part time he gets less , but then I thought as he is 5 days per week in.

Any advice from anyone more knowledgeable of this, thanks a lot.

DayDreamerandGeneralWaster

He will be entitled to his holiday pay pro rata l would have thought. Twenty hours would mean less, what does an fte get?

James-may

DayDreamerandGeneralWaster said:

He will be entitled to his holiday pay pro rata l would have thought. Twenty hours would mean less, what does an fte get?

I'm not sure sorry.
I think everyone's statutory.
I'd just assumed he would get the same 5.6 weeks or whatever other 5 day a week employees get, just that when he takes a week's holiday he just gets paid for only the 4 hours per day he does multiplied by 5.

JJC1956

Try an online calculator on Gov.uk, that might help

General_Grant

James-may said:

DayDreamerandGeneralWaster said:

He will be entitled to his holiday pay pro rata l would have thought. Twenty hours would mean less, what does an fte get?

I'm not sure sorry.
I think everyone's statutory.
I'd just assumed he would get the same 5.6 weeks or whatever other 5 day a week employees get, just that when he takes a week's holiday he just gets paid for only the 4 hours per day he does multiplied by 5.

You are correct.  The statutory entitlement is 5.6 weeks and for someone working 5 or more days a week that is 28 days (and his days are, as you say, 4 hours long).

If he became ill in January, I'd guess he had the New Year Bank Holiday paid in the normal way.  
Did he receive just Statutory Sick Pay during his sickness absence and never any Bank Holidays (2 at Easter, 2 in May) paid at normal rate?

Pro rata his holiday accrual up to the date his employment ended and deduct the New Year Bank Holiday (if he was paid for this) and any other BHs if he was actually paid at full-rate for them but not if he just received SSP.  Also, of course, deduct any other holiday he may have taken and been paid at normal rate for.

As SSP is paid for 28 weeks, I assume the one week's sick pay they mention is the 28th week.

Bank Holidays, when forming part of leave comprising the statutory entitlement, are not forfeit if someone is on SSP at the time.

James-may

General_Grant said:

James-may said:

DayDreamerandGeneralWaster said:

He will be entitled to his holiday pay pro rata l would have thought. Twenty hours would mean less, what does an fte get?

I'm not sure sorry.
I think everyone's statutory.
I'd just assumed he would get the same 5.6 weeks or whatever other 5 day a week employees get, just that when he takes a week's holiday he just gets paid for only the 4 hours per day he does multiplied by 5.

You are correct.  The statutory entitlement is 5.6 weeks and for someone working 5 or more days a week that is 28 days (and his days are, as you say, 4 hours long).

If he became ill in January, I'd guess he had the New Year Bank Holiday paid in the normal way.  
Did he receive just Statutory Sick Pay during his sickness absence and never any Bank Holidays (2 at Easter, 2 in May) paid at normal rate?

Pro rata his holiday accrual up to the date his employment ended and deduct the New Year Bank Holiday (if he was paid for this) and any other BHs if he was actually paid at full-rate for them but not if he just received SSP.  Also, of course, deduct any other holiday he may have taken and been paid at normal rate for.

As SSP is paid for 28 weeks, I assume the one week's sick pay they mention is the 28th week.

Bank Holidays, when forming part of leave comprising the statutory entitlement, are not forfeit if someone is on SSP at the time.

Thanks, they didn't go on holiday til I think 2nd week of January, so yeah probably used a day before going sick.
All they got paid during the absence was ssp.
And yes there last day of work was the last day the statutory ssp expired..

Ok thanks, seems the employer might be keen to not pay these hols , as he mentioned others leaving before had the same issue.

Got a feeling they may refuse, not sure my friend fancies a tribunal or whatever it would take over a few hundered £.
Thanks for that, I'll perhaps ask him to contact ACAS for proper advice so he knows what to say.

General_Grant

James-may said:

General_Grant said:

James-may said:

DayDreamerandGeneralWaster said:

He will be entitled to his holiday pay pro rata l would have thought. Twenty hours would mean less, what does an fte get?

I'm not sure sorry.
I think everyone's statutory.
I'd just assumed he would get the same 5.6 weeks or whatever other 5 day a week employees get, just that when he takes a week's holiday he just gets paid for only the 4 hours per day he does multiplied by 5.

You are correct.  The statutory entitlement is 5.6 weeks and for someone working 5 or more days a week that is 28 days (and his days are, as you say, 4 hours long).

If he became ill in January, I'd guess he had the New Year Bank Holiday paid in the normal way.  
Did he receive just Statutory Sick Pay during his sickness absence and never any Bank Holidays (2 at Easter, 2 in May) paid at normal rate?

Pro rata his holiday accrual up to the date his employment ended and deduct the New Year Bank Holiday (if he was paid for this) and any other BHs if he was actually paid at full-rate for them but not if he just received SSP.  Also, of course, deduct any other holiday he may have taken and been paid at normal rate for.

As SSP is paid for 28 weeks, I assume the one week's sick pay they mention is the 28th week.

Bank Holidays, when forming part of leave comprising the statutory entitlement, are not forfeit if someone is on SSP at the time.

Thanks, they didn't go on holiday til I think 2nd week of January, so yeah probably used a day before going sick.
All they got paid during the absence was ssp.
And yes there last day of work was the last day the statutory ssp expired..

Ok thanks, seems the employer might be keen to not pay these hols , as he mentioned others leaving before had the same issue.

Got a feeling they may refuse, not sure my friend fancies a tribunal or whatever it would take over a few hundered £.
Thanks for that, I'll perhaps ask him to contact ACAS for proper advice so he knows what to say.

When he/you have worked out the correct amount due and if they dispute this and pay less, a "letter before action" is a way to go.  The "action" suggested would be using the small claims process, not an employment tribunal.