Holiday pay end of SSP

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Cammyf
Cammyf Posts: 11 Forumite
in Employment, jobseeking & training
I am currently employed and claiming ssp. It is coming to an end this month and I've spoken to my employer and they've stated I've got 5 days to be paid when they terminate my contract, I asked payroll who seemed confused on how to work the amount of money this would be as I didn't receive 12 previous payslips before I started getting SSP. Does anyone know how this should be worked out?
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  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    First Anniversary
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    Why are the sacking you? Can't you return to work?
    Be Alert..........Britain needs lerts.
  • Cammyf
    Cammyf Posts: 11 Forumite
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    I can't return to work and will be claiming ESA.
  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
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    How long were you working there before going off on the sick? What does your contract state regarding your rate of pay?
    Be Alert..........Britain needs lerts.
  • Cammyf
    Cammyf Posts: 11 Forumite
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    My first (weekly) wage was on the 28th July 2017, started getting SSP from 29th Sept 2017. I only had 6 wage slips before I started claiming SSP.

    Contract states; You are entitled to 5.6 weeks’ annual leave per year, this includes public
    holidays. You should be aware that for many of our clients public holidays
    are classed as normal working days. If you do not work on a public holiday,
    you will not automatically be paid for this, but need to request it as holiday if
    you wish to be paid.
    Our aim is to support and approve all holiday requests, but the business
    requirements of our clients must remain paramount, so when you submit a
    holiday request, you may be asked to choose alternative dates. As such we
    advise that you do not book travel arrangements before having the holiday
    approved.
    Payment will be made a week in arrears as per normal wages.
    Your holiday year will commence each year from your start date
    (anniversary). The amount of payment which you will receive in respect
    of periods of annual leave taken will be calculated in accordance with
    and paid in proportion to the number of days which you have worked on
    Assignment. Payments for annual leave will be calculated on the basis of
    rates paid during the Client’s normal working hours i.e. not overtime. You
    will be advised what these are at the start of each assignment. Holiday pay
    is calculated as an average of these earnings over the previous 12 weeks.
    You cannot be paid instead of actually taking holidays, except on the
    termination of your Contract of Employment with us.
    Please be aware that holidays cannot be carried over into the next year’s
    entitlement; so if you continue an assignment into a new holiday year, any
    holidays that have not been taken will be lost.
  • Cammyf
    Cammyf Posts: 11 Forumite
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    Can anyone help with this?
  • General_Grant
    General_Grant Posts: 4,844 Forumite
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    Cammyf wrote: »
    My first (weekly) wage was on the 28th July 2017, started getting SSP from 29th Sept 2017. I only had 6 wage slips before I started claiming SSP.

    Contract states; You are entitled to 5.6 weeks!!!8217; annual leave per year, this includes public
    holidays. You should be aware that for many of our clients public holidays
    are classed as normal working days. If you do not work on a public holiday,
    you will not automatically be paid for this, but need to request it as holiday if
    you wish to be paid.
    Our aim is to support and approve all holiday requests, but the business
    requirements of our clients must remain paramount, so when you submit a
    holiday request, you may be asked to choose alternative dates. As such we
    advise that you do not book travel arrangements before having the holiday
    approved.
    Payment will be made a week in arrears as per normal wages.
    Your holiday year will commence each year from your start date
    (anniversary). The amount of payment which you will receive in respect
    of periods of annual leave taken will be calculated in accordance with
    and paid in proportion to the number of days which you have worked on
    Assignment. Payments for annual leave will be calculated on the basis of
    rates paid during the Client!!!8217;s normal working hours i.e. not overtime. You
    will be advised what these are at the start of each assignment. Holiday pay
    is calculated as an average of these earnings over the previous 12 weeks.
    You cannot be paid instead of actually taking holidays, except on the
    termination of your Contract of Employment with us.
    Please be aware that holidays cannot be carried over into the next year!!!8217;s
    entitlement; so if you continue an assignment into a new holiday year, any
    holidays that have not been taken will be lost    .

    They are wrong to say that holidays cannot be carried over to the next holiday year. Holidays are automatically meant to be carried forward in the circumstances that you could not take holiday because you were on sick leave.

    So questions for you: is there a company holiday year (eg one running January to December or April to March)? If there isn't then you have a personal holiday year starting on the day you began work for them.

    Did you have any paid holiday between the time you began work and the time your sick leave started?

    What was your first day of employment?
  • Cammyf
    Cammyf Posts: 11 Forumite
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    I haven't had any paid holiday, I know I'm entitled to 5 days, but I want to work out how much money this would be as I haven't had 12 previous wage slips before I started claiming SSP
  • General_Grant
    General_Grant Posts: 4,844 Forumite
    First Anniversary Name Dropper First Post
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    Cammyf wrote: »
    I haven't had any paid holiday, I know I'm entitled to 5 days, but I want to work out how much money this would be as I haven't had 12 previous wage slips before I started claiming SSP

    Why do you think you have five days entitlement? You seem to have been an employee for more than 7 months and you say you have not been paid for any holiday. How many days were you supposed to work in a week? Was your contract for days of equal length?

    How were you remunerated? Were you paid a salary? Did your pay vary because you did overtime?
  • Cammyf
    Cammyf Posts: 11 Forumite
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    I was told by my payroll department I had 5 days. I am an angecy worker, worked different amounts each week always 12 hour shifts though. Some weeks I never worked or very little.
  • Cammyf
    Cammyf Posts: 11 Forumite
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    Anyone have any idea
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