Suspended, but what happens to holiday pay

[bazak1]

If someone is suspended, but is still owed holiday pay, are they entitled to it ?

 

Someone i know has been suspended from work on full pay, and it looks like they may be under suspension until into April, but at the moment they are owed two weeks holiday pay, BUT their holiday year runs from April to April, so what happens to their holiday pay ? Can they still claim it ?

Any help appreciated.

 

Baz

[elche]

Hi Baz,

 

If this holiday is part of their statutory holiday entitlement then it should effectively be 'protected' - if the EE is prevented from taking it in the holiday year in which it accrues.

 

This would be the common sense legal argument - an extension of Stringer - i.e.That (stat) holiday is 'banked' money in this respect as it is for time previously served. http://www.consumeractiongroup.co.uk/forum/showthread.php?251897-Sick-pay-amp-all-ancillary-beneifits-DO-accrue-during-sickness

 

In addition suspension is not dismissal so the EE should continue to accrue holiday up till the EDT of any dismissal - if indeed they are dismissed!

 

Contractual holiday entitlement could (in theory) be lost if the EE fundamentally breaches the contract e.g. gross misconduct.

 

From the OP it is no clear IF this is Stat Holiday or Contractual Holiday. - how many day per hol year are they getting??

 

BUT - as you say this is 2 weeks worth I assume it is part of the EE's statutory entitlemenst i.e. the 5.6 weeks (28 days) for a 5 day worker.

 

In either event I would certainly advise a letter to HR reminding them of the accrued holiday entitlement and stating that the EE feels unable to take this whilst suspended from work but reserves the right to carry forward if the suspension crosses the holiday year threshold. Send RD etc etc.

 

Hope this is some help

 

Che

[elche]

Perdon - I forgot to ask - how many days per year holiday is this employee entitled to?

 

Che