New legislation not fair

pk014b7161 · 19-10-2006, 12:03

a man i work with has been off sick for two week he doesnt get paid for being off he just gets his statuary sick pay which might clear £50 if he,s lucky. anyhow the firm closes for holidays tommorrow for one week ,but they have told him they are not obliged to pay him his holiday money till he comes back to work,its a new law apparentley, this cant be right surely he was relying on that to see him through he has allready lost 2 weeks wage,s. a person cant help being ill,why should they be penalised.

JoeP · 19-10-2006, 12:05

It sounds tough, but those of us who are self employed or work as contractors don't even get SSP.

If we don't work, we don't get paid. If we're sick, tough luck. It's a great encouragement to look after your health.

Heyesey · 19-10-2006, 12:05

If he's sick, he's not on holiday. So far as I know that's *always* been the case; it certainly was when I was working. Ofc. I got six months' full sick pay so it didn't matter to me.

It does mean, of course, he can re-book his holiday for when he would otherwise be going back to work, and take it then at full pay. If they try to take the leave days away from him, they'll be breaking employment law.

scoop · 19-10-2006, 12:09

Where I work, if you are sick when you should be on annual leave you still get SSP, but you get your annual leave back so that you take it another time.

pk014b7161 · 19-10-2006, 12:09

that man works in a iron & steel foundry made ill swallowing that crap in the air he,s not an habitual bad time keeper his been made ill through work.so you think its right to hold his holiday backwhich is his ,he,s not moaning about sick pay he just wants his holiday pay to tide him over

Heyesey · 19-10-2006, 12:11

Quote:

Originally Posted by pk014b7161

that man works in a iron & steel foundry made ill swallowing that crap in the air he,s not an habitual bad time keeper his been made ill through work.so you think its right to hold his holiday backwhich is his ,he,s not moaning about sick pay he just wants his holiday pay to tide him over

You only get holiday pay when you're on HOLIDAY, which he is not. So, yes, they are justified in not giving it to him.

He can take his holiday once he's recovered. Moreover, if it's the work environment that made him sick, he should look into getting a buttload of compensation. He's entitled to it.

pk014b7161 · 19-10-2006, 12:15

heysey, he starts his holiday this monday but they wont give him his money till he goes back to work

Cyclone · 19-10-2006, 12:18

It's not a new law at all, like everyone is saying, you can't be on holiday whilst you are sick.

once he is back, he will still have a weeks annual leave to take sometime later in the year. It's not like he's going to loose out on the holiday itself.

Heyesey · 19-10-2006, 12:18

Quote:

Originally Posted by pk014b7161

heysey, he starts his holiday this monday

If by holiday you mean actually going away, yes, he may well do. If by holiday you mean annual leave from work, no, he does not. He's going away during his sick leave.

This may be unfair, but it IS current law. It means he can take another holiday later in the year because he's used no leave for this one; but it also means he doesn't get anything more than SSP while he goes on this one.