Holiday Pay/Sickness

James · PayPerShop Newbie Joined: 20 Sep 2005 Posts: 1

Hi

This new idea of Holiday Pay /Sickness is confusing, any ideas would be grateful :

Start of year runs from 1st December until 30th November, one of our workers who had a 52 week incapacity certificate when he joined in November 2003, he went sick during the later part of his first year and then carried on working whilst waiting for a operation this year.
the first year he had no holiday pay, due to he did not request it prior to the end of that year and thought that this may help him when he was off for his op.
He was off from April this year following his operation's, he is due to return to work 1st November, but obviously will not want to return and ask for his holidays but if he doesn't he will loose them again.
I've looked at the Ainsworth case and not sure if this is classed the same due to the following reading:
"It should be noted that this decision only applies where a worker has been absent on sick leave throughout an entire holiday year.
Our boss did ask if he wanted to come back on a casual basis and can assume that this may be to stop having to pay him Holiday Pay
Thanks for any advice I can pass on to my friend

Ian Congreave · Posted: Mon Sep 26, 2005 6:51 am Post subject: Holiday Pay and Sickness

James, thank you for your question.

You will no doubt have noticed from the article at http://www.paypershop.com/news-cat/workingak.html
that I do not agree with the decision of the Court of Appeal in the Ainsworth case. The decision that there is no entitlement to statutory holiday pay if the sickness absence is for a year or more is arbitrary and I hope that, when the House of Lords reviews the decision, a more sensible decision will be reached.

Anyway, the Court of Appeal decision is the situation at present. From your description of your friend's situation, he has not been absent for a full year, he continues to be employed under a contract of employment, he therefore is entitled to the full statutory holiday entitlement of four weeks.

As the holiday year ends at the end of November and he intends to return to work at the beginning of November, he only has a month left to take the full four weeks. You give the impression that he does not want to do that, having been absent for so long already. An alternative would be to arrange with the employer to return to work, in effect, four weeks before 1 November and then take that four weeks as paid holiday.

We'll see if the forum produces any other ideas.
_________________
Ian Congreave, PayPerShop owner

PayPerShop provides a free weekly UK payroll news service - http://www.paypershop.com/latestnews.html