sick pay = holiday pay

[Giggsie]

My grandson was in an accident and has been off work for 4 weeks and will be off for some time yet. The company he works for closes down for holidays and he has been paid holiday pay for 2 weeks instead of ssp is this normal i would have thought he would have been paid for holidays at the end of his sickleave?

[furrypusscat]

I believe he still should be paid SSP. However, if it is normal that the company closes down for everyone, then it depends what is written into his contract. He needs to check the contract.

[Giggsie]

He does not have a contract I think all jobs should have solves a lot of problems out. It's just that a friend said when he was off work at a holiday time his boss made him (after his sick line was out) take a further 2 weeks off and paid him for holidays. thanks for reply.

[Buenchico]

All employees have a contract with their employer, irrespective of whether anything has been written down or not. (If I offer to do your shopping for a fiver, and you agree, a contract will automatically exist between us - even though we've not written anything down or signed anything).

However an employer MUST (by law) provide an employee with a 'written statement of employment particulars' within 2 months of them starting work:
http://www.direct.gov...dConditions/DG_175704

See 'sickness' here for an explanation of the law relating to overlapping periods of sickness and holiday:
http://www.direct.gov...dholidays/dg_10034711

Chris

[mike11111]

Yet if you offered to do her shopping for nothing out of the kindness of your heart then no contract would exist for lack of consideration on your part.

[Buenchico]

Poetry, Mike?

[mike11111]

Tsk, I'm a poet,
And I didn't know it!

[tonywiltshire]

You are quite correct mike there has to be consideration (unless contract is by deed). To create a valid contract there also has to be offer & acceptance, an intention to create relations, capacity to contract and of course it must be legal. But I suspect Chris is aware of this, you may be interested in the well-known case of White v Bluett 1853
.
The European courts of justice, following an appeal by a Spanish trade union, ruled recently that if you are on holiday and become sick you could take your holiday entitlement at a later date when you have recovered.