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Holiday pay and SSP help please?

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Could anyone advise me about the accrual system please? This is regarding a casual worker but employed on PAYE with different shifts/days every week, averaging 40-48 hrs a week. No contact or statement of employment has been given. Payroll have a formula to work out holidays accrued per hour worked, which is fine, but payroll appear to have total disregard for UK employment law, ie. casual workers aren't entitled to SSP, and SSP can't be paid in the same week as holiday pay!!!

 

my first query is

 

does holiday entitlement accrue during a holiday day?( if 10 hours holiday pay is given does 10 hours holiday allowance accrue?))

 

secondly, I know that holiday entitlement accrues during sickness, but if only entitled to SSP, what hours would the entitlement be based on?

 

Thank you


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Could anyone advise me about the accrual system please? This is regarding a casual worker but employed on PAYE with different shifts/days every week, averaging 40-48 hrs a week. No contact or statement of employment has been given. Payroll have a formula to work out holidays accrued per hour worked, which is fine, but payroll appear to have total disregard for UK employment law, ie. casual workers aren't entitled to SSP, and SSP can't be paid in the same week as holiday pay!!!

 

my first query is

 

does holiday entitlement accrue during a holiday day?( if 10 hours holiday pay is given does 10 hours holiday allowance accrue?))

 

secondly, I know that holiday entitlement accrues during sickness, but if only entitled to SSP, what hours would the entitlement be based on?

 

Thank you

Casual workers are entitled to SSP providing they have three months continuous employment with the employer. If you don't have that, you don't get it.

 

Holiday accrual is based on 12.07% of the hours actually worked, so that means that holiday is only accrued on the actual hours worked - unless they calculate it in another way, which would be a silly thing to do as this is the simplest way!

 

The last bit of that question is a good one though! I don't know and will have to try to find out, unless someone here knows. The normal ruler on most things would be an average of hours worked, but I have never heard of that being applied to casual staff who are sick.

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I would surmise SSP would be based on average hours for the last 12 weeks worked, bit like holiday paid in days

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Thanks for the information. So on working out holiday entitlement any sick days would be included, but not any holidays, can you just clarify? So, if in a week 2 days were worked, 2 days were sick, 1 day was holiday, (based on 10 hour days for ease), then only 40 hours would accrue holiday pay, not the full 50?


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First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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Holiday accrual is based on 12.07% of the hours actually worked, yes. For these purposes time off sick is included provided you are not on a zero hours contract. As I understand it, but I am happy to be corrected if wrong as SSP is not something I deal with often, entitlement to SSP is based on income, not on employment status. But the entitlement to accrue leave does depend on employment status. If you are a worker (zero hours) then you only accrue hours on the basis of the ones that you physically work. If you are an employee then you will have some contractual hours, and holiday accrues on those contractual hours.

 

Sorry, I did check upon that last bit and then got waylaid and forgot I had!

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