Holiday pay after a accident at work

[Kellielouise]

Hi, i am seeking some advice for my mother. She had a accident at work last week, she fell down some stairs whilst carrying a Hoover and has badly hurt her foot. She can still barely walk, and has a holiday booked in a week and a half which she may not even be able to go on due to the injury. Her employer has phoned her today to say that if she doesn't return to work by Monday, then they will not pay her any holiday pay for the two weeks she may possibly be away for and has had booked off for months. Can they do this? It's like they are forcing her to return as they are very short staffed. She has worked there 8 years, approximate 20 hours per week. Any advice is greatly appreciated

[Mark&Janice]

Firstly did she report the accident and make sure the incident was recorded in the companies accident book. What does her contract say about sick pay. All employees taken on for one month or more are entitled by law to be given, within two months of the date the employment starts, a written statement setting out the main particulars. This statement will not necessarily cover every aspect of the contract, but will constitute important evidence of the principal terms and conditions

[Kellielouise]

Hi thanks for taking the time to reply. It was recorded in the accident book immediately. No, she has never been given a contract. I worked there myself for 10 years and also was never given a contract, only the people who have recently started have been given one

[honeybee13]

Hello there. Does your mother have something in writing about what holiday she's entitled to please?

 

My best, HB

[Kellielouise]

Hi honeybee, no it's told verbally how many days are accumulated

[Mark&Janice]

Kellie, as i stated in my earlier post it is a legal requirement to issue a contract if employment is for more than a month. This contract will show terms and conditions and any entitlements for sick & holiday pay. If she has been there for 8 years its something i would definitely ask for

[honeybee13]

Is this a small company? It all sounds very casual.

 

In case it helps, this is a link to directgov and their holiday calculator. It may help your Mum work out what she's entitled to. Also, there's a sticky on the titles page of this forum about accumulating holiday entitlement while on sick leave that may help, I'm not sure. It's worth a look though.

 

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_184563

 

My best, HB

[Mark&Janice]

If she works 20 hours a week she would be entitled to around 2.8 weeks per year

[Conniff]

If she has been signed off by her doctor, there is no requirement to sit at home waiting for the injury to heal. She should take her holiday, and enjoy it. If she doesn't get her pay before she goes, she can sort it out when she gets back as it is, as others have said, an entitlement so she can't lose either the holiday time off or the pay.