Payment for bank holidays

[deano01]

Hello I am new to this forum but I hope someone can help.
My wife works term time only for a bakery. She gets 23 days holiday per year. Normally bank holidays fall into the weeks when she does not work, however this year may bank holiday fell in a week that she would normally work. She took the bank holiday off without being paid for it. Then on the Tuesday following the bank holiday she was off sick, again she did not get paid sickpay. Her employer is now saying that because she was off sick after a bank holiday she will owe him a day from her next years holiday entitlement because she has no holidays left for this year. Are they entitled to do this?

Thanks

[Amethyst]

Re: Payment for bank holidays

It sounds like they don't believe she was sick. Does your wife usually get paid for being off sick ? and would she be expected to work bank holidays if they did fall on weeks when she worked (ie. did she take the bank holiday off as holiday or was she not not expected to work )

[deano01]

Re: Payment for bank holidays

Thanks for the reply Amethyst,
My wife does not normally get paid when she is off sick. She is not expected to work on the bank holidays, she normally takes it as an unpaid day . If she wanted paying for the bank holiday she would be expected to book the day and use one of her holiday entitlement however she has already used up this years entitlement. Like I said in my original post she has not been paid for either the bank holiday or the sick day and yet they are insisting that she now owes them a days holiday.

Thanks

[teaboy2]

Re: Payment for bank holidays

Shes owes them nothing if she was not being paid for the bank holiday nor booked it as a days paid holiday from what i can gather. Also you need to qualify for SSP and have been off work sick for 4 or more days in a row (including non-working days). So for the first 4 days your off in a row your not paid anything.

They also owe your wife nothing either in sick pay. Oh and the employer can not deduct a day from her next years holiday entitlement as that be a breach of contract plus, if it results in her having less then the statutory minimum of days of paid holiday, puts them in breach of working time regulations which would be unlawful.