Missing holiday pay and SSP

[Phepia]

Hello there,

I was wondering if I could get advice.

I have been on long term sick from February, and work have caused trouble for me from the start.

I am involved in a long struggle with my employer over money. They also do not believe my medical problems and went as far to call me factious and claiming my sickness was not genuine. (they basing this on a medical I had who was assessing me on a incorrect problem)

They stopped my SSP after 13 weeks claiming my sickness was not genuine.( HMRC got it reinstated for me)

While this was being sorted the gave me two payments of SSP "accidently" and as a result of this took it out of holiday pay issued to me without my authorisation.

I am trying to get this money plus holiday pay still owing to me back off them.

They are claiming I am not owed anything.

They did not pay me for:

1) August BH (contract states they would)

2) Money taken out of my holiday pay for the accidently paid SSP

3) 3 days holiday pay from last year

4) Christmas day, Boxing day and New Years day ( all classes under contract as BH )

 

From what I have worked out almost £700 is owed my them.

 

Work claim they do not owe any of this money, and I started employment tribunal proceeding for it this week

 

Does anyone have any advice on this they can offer. I am new at this type of thing, never been to court in my life.

I started proceedings under ACAS recommendations as they are refusing to talk to them, or pay the money.

Anything that might help would be appreciated- thank you.

[Emmzzi]

Have you put all your requests for payment in writing?

[Phepia]

Yes, as have ACAS and HMRC

[Emmzzi]

Ok., Submit an ET1 and then it is waiting game.

[Phepia]

I have done that I believe ( I filled out a form on that website and received a letter today saying that my work have 28 days to answer it)

 

Has anyone else had to go to court to get money owed to them for holiday and bank holiday money?

Any advice I can be gave?

[Emmzzi]

you need to do the ET, which may be 2 - 3months down the road. If it finds in your favour and they still do not pay, then you start a debt recovery process.

 

There is no way to make them pay *right now*

[mariefab]

Are you still employed, on sick leave, or have you been dismissed?

[Phepia]

I am still employed

[mariefab]

Why did they pay you holiday pay?

Did you book the holidays while you were off sick, or did they just make the holiday payment?

 

As you are still employed, the normal process is to carry the holiday entitlement over to the next year.

Normally accrued untaken holiday pay is only paid on termination of employment.

So, I don't think that it's likely that a Tribunal can make them pay you for your holidays while you are still in their employment.

[Phepia]

They paid me holiday pay in November as I had asked for it. My work do not carry holidays over to the next year. So it was a case of claim it or lose it. I have it in writing that they do not carry it over. I would have preferred them to carry it over so "if" I returned there I could at least have money to purchase a vehicle to get into work. ( Had to sell it as living off SSP/ESA since February )

I also have it in writing that they would be paying me 3 and 4 at the end of last year. Which obviously they have not done.

ACAS told me to do this claim otherwise they would just be going to and fro from myself to the company.

 

I guess never having done this before i want to know what to expect.

[mariefab]

I'm afraid that your employer's policy of refusing to carry over holidays to the next year doesn't apply when in relation to an employee on long term sick leave.

Although they've confirmed it in writing, it can't override the decision of the House of Lords.

 

While you can get very good advice from ACAS sometimes, it isn't always correct.

 

If you return to work any holiday that they haven't paid you for should be carried over.

[SNALF]

Hi Phepia. Some of this really depends on what your contract states. If they have overpaid you, your contract will likely give them the right to recover this by lawful deduction (i.e. by taking it from pay due, as in your holiday pay). In addition, the holiday pay which you can claim while on sick is only the statutory holiday pay, (see Stringer v HMRC) so if this includes bank holidays i.e you get the statutory 5.6 weeks, they should pay you the equivalent of 28 days pro-rata for part time). If they have already paid you an amount equal to statutory (the full time equivalent of 28 days) you will not get bank holidays on top as it's included in what they have already paid. The fact that each bank holiday is listed in your contract may still mean that they are included in your statutory entitlement and they may have already paid you this. It would help if you can state how many holidays you were entitled to overall and what they then paid you.