# Work, holiday entitlements, overtime and JSB



## CiniO (28 Oct 2010)

Hello all.
My question might be a bit complicated.
I work for company running only seasonal business (March to October), so I'm off work every year between November and February.
During the season, I work full time, and quite often do overtime.
Anyway I'm only paid 39 hours per week, and any overtime worked is written as days in lieu, which are added to my holiday entitlements.
Since March (8 months work) I collected about 13 days statutory holiday entitlement + about 25 days extra from overtime.

My job is almost over now, and I want to apply for Jobseekers benefit.
Anyway I was wondering, how will they treat all these holiday entitlement.
As my job is finished I'll get P45 and with my last payslip I'll get payment for extra 38 days (13 statutory holidays + 25 days owed in lieu).
Does it affect my JSB claim anyhow?
What in case if I don't finish work completely yet, but as said before get paid these 38 days extra, and be switched to part-time work for a next couple of weeks.

Just to mention, during the year, I worked usually about between 45 - 55 hours per week. But there were few weeks, that I worked less days ( I was once gone for holidays for 8 days + few weeks I had 3 or 4 days off). It was all taken out of my days in lieu, and my statutory holiday entitlements were not touched.
So finally now I ended having 38 days owed (13 statutory + 25 overtime), even that during the summer I took just about or even over 13 days holidays.

Can social welfare office say now, that as I have so many days owed (including 13 days statutory holidays) so I have to use them first (by spreading over upcoming weeks) before obtaining JSB?
Or maybe I can always explain, that I used my holidays entitlements during the season of work, and all days owed now, are from overtime I did during the summer. And just get full JSB.

Thanks for any advice.


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## papervalue (28 Oct 2010)

dont think holidays have anything to do with claim and i cant see why they would ask

main thing they would want is the p45, dont think they would need payslip.

also early next year file a tax return including p45 and social welfare- may be tax refund on it


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## CiniO (28 Oct 2010)

Just if I finish work, maybe they would expect me to use my holiday entitlement over few weeks after my work finishes, instead of just getting all this paid in one go.

But biggest concern is a part time work.
If I do some odd days work in November, can I get all my holidays owed paid by the end of October, and then work only 2 days per week, and get jobseekers benefit payments on the rest of the days?
Or will they expect me to work 2 days, per week, and use another 3 days as holidays which I had owed.


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## Berni (28 Oct 2010)

It could be taken into account. They may view it as you being paid from work for your holiday weeks and trying to be paid by them for the same time.
I've seen instances where seasonal workers in schools have to get a letter from the employer stating how many days paid holidays the person was getting, and then start the jobseekers after that.


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## Black Sheep (30 Oct 2010)

Your JB should start after your holidays have finished as this is the date that should be on the P45.ie. the date that the employer stopped paying you.


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## CiniO (31 Oct 2010)

Black Sheep said:


> Your JB should start after your holidays have finished as this is the date that should be on the P45.ie. the date that the employer stopped paying you.


 
What if it isn't?
What if I have almost 40 days holidays owed (most of if collected as days in lieu from overtime), and when I finish work I get all this paid in one go?

Also what if I don't get P45 then, because I'm switched to part-time?
Meaning I get these 40 days paid in one go, and after it I work only 1 or 2 days per week, and get paid only for 1 or 2 days?


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## Berni (31 Oct 2010)

If you continue working there they can only pay you for the time in lieu, not your statutory holidays, you must take those as leave.


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