How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
Satisfied Customers: 38341
Experience:  Expert in UK Employment Law
Type Your UK Employment Law Question Here...
Ben Jones is online now
A new question is answered every 9 seconds

Hello I have been off work on long-term sickness. My SSP has

Resolved Question:

Hello
I have been off work on long-term sickness. My SSP has been exhausted and I have been receiving nil pay for a couple of months.
I have just returned from 1 weeks holiday, which my employer granted "as it would do me good to get away".
However on payday no holiday money was paid. After contacting my employer I was told sickness takes precedence over holiday pay.
I am a little confused as I am entitled to 2 weeks paid annual leave (pro rata for this holiday year) and I have carried over 3 weeks paid annual leave from the last holiday year.
Is this legal or is this classed as unlawful deduction of wages?
Please can you advise. I am in the midst of a grievance process I instigated against my employers for a catalogue of errors/ breaches of their policies. Is this another unlawful act?
Submitted: 11 months ago.
Category: UK Employment Law
Expert:  Ben Jones replied 11 months ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.


You are entitled to take holidays during sick leave and should be paid your normal pay during that time. It is incorrect that sick pay takes precedence over holiday pay. You can get confirmation from various sources, for example:


 


"In Stringer v HMRC, the ECJ ruled that a period of sickness absence cannot result in workers losing any part of their entitlement to minimum paid holiday. Workers on long-term sick leave accrue statutory holiday and must be paid for it at their normal rate of pay, even if their sickness lasts for the whole of the holiday year."


 


(http://www.personneltoday.com/articles/24/02/2010/54394/holiday-entitlement-when-on-sick-leave-a-guide-for-employers.htm)


 


"To avoid Tribunal claims, employers should pay holiday pay for holidays that have been requested and approved during a period of sick leave.... In practice, employers may find employees taking paid holidays once company sick pay runs out. For employers who only pay statutory sick pay, employees may seek to take holidays to cover short periods of sickness absence, such as 3 or 4 days."


 


(http://www.thorntons-law.co.uk/Newsletters/Employment/EmpLawJuly09article1.asp)


 

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

Ben Jones :

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

Ben Jones, Solicitor
Satisfied Customers: 38341
Experience: Expert in UK Employment Law
Ben Jones and other UK Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    7575
    Expert in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    7575
    Expert in UK Employment Law
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny McKenzie's Avatar

    Jenny McKenzie

    Satisfied Customers:

    1738
    10 Years of experience in Employment Law and HR
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    377
    solicitor
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    150
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    82
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    71
    Solicitor and Advocate
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    46
    LL.B (Hons), Higher Prof. Dip. Law & Practice