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  • FIRST POST
    • Cammyf
    • By Cammyf 6th Mar 18, 2:06 AM
    • 11Posts
    • 0Thanks
    Cammyf
    Holiday pay end of SSP
    • #1
    • 6th Mar 18, 2:06 AM
    Holiday pay end of SSP 6th Mar 18 at 2:06 AM
    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?
Page 1
    • paddedjohn
    • By paddedjohn 6th Mar 18, 9:01 AM
    • 7,140 Posts
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    paddedjohn
    • #2
    • 6th Mar 18, 9:01 AM
    • #2
    • 6th Mar 18, 9:01 AM
    Why are the sacking you? Can't you return to work?
    Be Alert..........Britain needs lerts.
    • Cammyf
    • By Cammyf 6th Mar 18, 10:00 AM
    • 11 Posts
    • 0 Thanks
    Cammyf
    • #3
    • 6th Mar 18, 10:00 AM
    • #3
    • 6th Mar 18, 10:00 AM
    I can't return to work and will be claiming ESA.
    • paddedjohn
    • By paddedjohn 6th Mar 18, 10:53 AM
    • 7,140 Posts
    • 7,790 Thanks
    paddedjohn
    • #4
    • 6th Mar 18, 10:53 AM
    • #4
    • 6th Mar 18, 10:53 AM
    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
    • By Cammyf 6th Mar 18, 12:11 PM
    • 11 Posts
    • 0 Thanks
    Cammyf
    • #5
    • 6th Mar 18, 12:11 PM
    • #5
    • 6th Mar 18, 12:11 PM
    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
    • By Cammyf 6th Mar 18, 7:08 PM
    • 11 Posts
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    Cammyf
    • #6
    • 6th Mar 18, 7:08 PM
    • #6
    • 6th Mar 18, 7:08 PM
    Can anyone help with this?
    • General Grant
    • By General Grant 6th Mar 18, 7:26 PM
    • 717 Posts
    • 832 Thanks
    General Grant
    • #7
    • 6th Mar 18, 7:26 PM
    • #7
    • 6th Mar 18, 7:26 PM
    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
    .
    Originally posted by Cammyf
    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
    • By Cammyf 6th Mar 18, 8:01 PM
    • 11 Posts
    • 0 Thanks
    Cammyf
    • #8
    • 6th Mar 18, 8:01 PM
    • #8
    • 6th Mar 18, 8:01 PM
    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
    • By General Grant 6th Mar 18, 9:12 PM
    • 717 Posts
    • 832 Thanks
    General Grant
    • #9
    • 6th Mar 18, 9:12 PM
    • #9
    • 6th Mar 18, 9:12 PM
    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
    Originally posted by Cammyf
    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
    • By Cammyf 6th Mar 18, 10:29 PM
    • 11 Posts
    • 0 Thanks
    Cammyf
    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
    • By Cammyf 7th Mar 18, 1:25 PM
    • 11 Posts
    • 0 Thanks
    Cammyf
    Anyone have any idea
    • Savvy_Sue
    • By Savvy_Sue 8th Mar 18, 3:14 PM
    • 38,486 Posts
    • 35,152 Thanks
    Savvy_Sue
    Do you agree with your payroll dept? If it helps, tot up all the days you have worked and multiply it by 12.05%. (You say it was always a 12 hour shift).

    Then deduct any days for which you have been paid holiday pay.

    Is the answer five days?

    I know that there are other ways of calculating holiday pay if you don't work regular hours, but that's the minimum. If you can't work back over 12 weeks then it's a reasonable method.
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    • anamenottaken
    • By anamenottaken 8th Mar 18, 7:09 PM
    • 4,146 Posts
    • 3,632 Thanks
    anamenottaken
    Do you agree with your payroll dept? If it helps, tot up all the days you have worked and multiply it by 12.05%. (You say it was always a 12 hour shift).

    Then deduct any days for which you have been paid holiday pay.

    Is the answer five days?

    I know that there are other ways of calculating holiday pay if you don't work regular hours, but that's the minimum. If you can't work back over 12 weeks then it's a reasonable method.
    Originally posted by Savvy_Sue
    It should be 12.07% to 2 decimal places, 12.069% to 3.
    • Cammyf
    • By Cammyf 8th Mar 18, 8:55 PM
    • 11 Posts
    • 0 Thanks
    Cammyf
    I agree its around 5 days, but how would I work out how much money this should be
    • jobbingmusician
    • By jobbingmusician 8th Mar 18, 8:58 PM
    • 19,141 Posts
    • 19,610 Thanks
    jobbingmusician
    Well, actually if they have agreed it's 5 days (they are allowed to round up but not down, so don't worry if your figures are slightly below), that should be a week's pay.
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    • anamenottaken
    • By anamenottaken 8th Mar 18, 9:37 PM
    • 4,146 Posts
    • 3,632 Thanks
    anamenottaken
    I agree its around 5 days, but how would I work out how much money this should be
    Originally posted by Cammyf
    So you had various hourly rates?

    If you didn't work for them for 17 weeks then just take whatever weeks you did work and work out average hourly pay by adding all hours and all pay and dividing one by the other (not by adding just the hourly rates and finding the average of those).

    Then multiply that hourly rate by 60 (5 days by 12 hours).
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