I’m a recruitment expert, here’s why you could be entitled to TWO years’ worth of holiday pay from your employer

IF you’re planning on jetting off for a holiday, you’ll want to get clued up on your holiday pay rights – and make sure you’re not losing out on cash.

It’s important to get what you’re owed, as in some cases, employers may not have correctly calculated what you can get.

1

But sometimes it’s difficult to get to the bottom of what you are entitled to when you’re trying to read through jargon in your contract.

That’s why The Sun’s Squeeze Team expert Marie Horner, partner at Langleys Solicitors, has explained everything you need to know about taking time off work.

Marie is one of the experts on our brand new Squeeze Team – here to help you save money as a cost of living crisis hits millions of families’ finances.  

If you’re worried about making ends meet, are struggling to pay off your debts or don’t know how best to manage your cash, get in touch by emailing [email protected].

Marie says that if you’re in need of taking time off, get to grips with what you are entitled to.

If you think you haven’t been paid enough holiday pay, you might be able to get up to two years’ worth of backdated pay.

She also runs through all you need to know if you have to take time off due to poor health.

Here’s her top tips you should know before downing tools.

What are my holiday pay rights?

You’ll want to know what holiday pay you’re eligible for before booking time off.

How much you’ll get will depend on what type of contract you have.

If you’re employed by a company, workers are entitled to 28 days of holiday every year if you work five days a week.

You’ll get paid in full for the days you take off on holiday.

For those who don’t work these normal hours, your holiday entitlement will be worked out based on how many hours you work, and the amount of holiday pay you’ll get will be worked out as an average of all your pay earned in the previous 52 weeks. 

If some of the pay you received during that 52-week period was for things like overtime, bonuses, and commission, your employer might not have included this at all in calculating your holiday pay.

It’s possible though that they should have. In this case, it’s best to seek advice, Marie said.

“You should go to Citizens Advice or call an employment solicitor,” she said.

What if I haven’t been paid enough?

In any case you feel like you have not been paid enough holiday pay, speak to your employer, Marie says.

“If you can’t resolve it with your employer, you should contact ACAS – they are a government body who will negotiate on your behalf,” she adds.

“If they can’t resolve this, you will have to submit a complaint to the employment tribunal. It’s free to do – you can do it on the gov.uk website.”

If the tribunal rules in your favour, your employer will be told to pay up and backdate your holiday pay.

You may be able to claim up to two years’ in previous holiday pay.

You don’t have to pay any fees to make an employment tribunal claim, and shouldn’t have to pay any costs if you’ve got a reasonable case.

If you lose your case, there’s only a very small chance you’ll have to pay your employer’s costs – but it’s something to be aware of.

What about sick pay?

If you are an employee of a company, you are entitled to Statutory Sick Pay (SSP) if you are too sick to work.

That means you are “incapable of doing your work because you are unfit mentally or physically”, Marie says.

To be entitled to this, you must be classed as an “employee” and have done some work for your employer. 

Workers can also sometimes be eligible for SSP.

But there are some cases you won’t get paid, Marie said.

You won’t get SSP for the first three days that you are ill. 

That means you’ll only get it on the fourth day you are off work because of poor health.

If you’ve been off for a total of 28 weeks consecutively or over a three year period due to the same condition, you also may not be able to get paid at all after this point.

You may not be able to get SSP if you earn under £120 a week as well.

Things get “a little more complicated” if you have two jobs, Marie says.

“If you’ve got two different roles with the same employer – for example, if you drive the bus in the morning and clean in the evening –  it might be you get paid on two different payslips,” she said.

“In this case, you could be getting two lots of SSP as a result.

“However, if you’re doing two jobs with the same company but paid under one pay slip, you’ll only get one lot of SSP – and that means you’re getting paid less.

“If your employer says you are not entitled to SSP but you believe you are, seek advice from Citizens Advice or a solicitor.”

How much sick pay could I lose out on?

SSP currently stands at £96.35 per week.

However, this is set to rise to £99.35 on April 11.

But it might be that you get paid extra on top of the minimum SSP you are entitled to if your employer has better terms.

“A lot of companies offer good sick pay, and that’s going to be detailed in your contract,” Marie said.

“That means you could get more than SSP – so workers could in fact get their full pay for a period of time while they are off work due to illness.

“If you are not sure what your company’s sick pay terms are, check your contract – and if you’re still confused speak to HR.”

If you’re not eligible for sick pay, it’s best to check your contract or ask your employer for more details if you want to see what help is on offer.

Here’s how The Sun’s Squeeze Team saved a widow from a £1,500 bill hike by British Gas.

And Squeeze Team expert Romi Savova explains how to build a retirement pot of £330,000 for the cost of a daily coffee.

Here’s how we helped a reader avoid paying £1,250 after crooks made a false Universal Credit claim in his name.

This post first appeared on thesun.co.uk