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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48159
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Following heart failure in March, I have been off work

Customer Question

Following heart failure in March, I have been off work receiving SSP but now my GP has recomended I do not return to work as I will be on meds for ever? I am 67 and have been a store manager for over 20 years.My employer does not issue a contract of employment but staff have 4 weeks holiday per year.As I will be resigning from work on health reasons and not actually worked since March will I be entitled to any holiday pay?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. When does your holiday year run from/to?

Customer: replied 1 year ago.
Hi Ben, January to December
Expert:  Ben Jones replied 1 year ago.

How many days per week do you work?

Customer: replied 1 year ago.
Due to a rota, it was 11 days per 2 weeks which makes 51/2 per week ie I had every Wed off plus once a month a week-end.
Hope it makes sense. My wages were gross weekly £450 (40 hrs @ £11.25) but SSP is £88.45 per week
Expert:  Ben Jones replied 1 year ago.

You continue to accrue holidays whilst on sick leave and should be entitled to accrue them until you are in a position to take them, i.e. when you are no longer on sick leave. So if your employment terminates before you are able to take them, then the employer is obliged to pay you for all of your accrued holidays for the time whilst you were off sick long term. There has been a lot of case law on this over recent years, cases such as Stringer and Pereda and they have clarified the law on this quite clearly. If the employer refuses to pay you for the accrued holidays then that can allow you to pursue them for payment in the employment tribunal if needed.

This is your basic legal position. I have more detailed advice for you in terms of the steps you should follow in the event they do not pay you, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones and 4 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks, ***** ***** be sending my resignation next week and it will surprise me if my employer does not dispute the holiday pay entitlement but I will have to wait and see.
Expert:  Ben Jones replied 1 year ago.

Thank you. If they do end up disputing it then you can argue that this is an unlawful deduction of wages, which is made illegal under the Employment Rights Act 1996.

In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.

If the employer does not return the money as requested, you can go to the Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals

Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.

Customer: replied 1 year ago.
Hi Ben, again many thanks for your help, it is invaluable Fred
Expert:  Ben Jones replied 1 year ago.

you are most welcome, all the best