immediate resignation and unpaid holiday pay

[barclay]

Hi

Don't know if anyone can help. I resigned with immediate effect but my employers acceptance letter stated 1 months notice. My P45 acknowledged the 1 months notice which I got corrected by my employer but they have not paid me any outstanding holiday pay. I was on sick leave with work related stress for 8 months and this went from the end of one holiday year to 4 months into the next.. All of my entitlement was already booked before going sick with 8 days towards the end of one holiday year and thirteen days in the next. Did they breach my contract and if so have I left it too late to contact them.

 

Many thanks

[honeybee13]

Hello there.

 

I hope the forum guys will be along later with thoughts for you. In case it helps, here's a link to the forum stikky about holiday pay whilst on sick leave.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251897-Sick-pay-amp-all-ancillary-beneifits-DO-accrue-during-sickness

 

My best, HB

[becky2585]

Might be worth updating the sticky if you can HB - it's a relatively common query on here and the law had developed since it was up

[honeybee13]

Might be worth updating the sticky if you can HB - it's a relatively common query on here and the law had developed since it was up

 

Thank you Becky , I'll look into that. Which law applies now, please?

 

HB

[barclay]

Hi HB

Many thanks for pointing out the sticky. I did have a look at the forum before posting on this forum. I am currently awaiting a date with the ET for constructive dismissal (postponed due to lack of judiciary) In my ET1 or witness statement we overlooked to mention that my ex-employer did not pay outstanding holiday or overtime due. This paperwork is in the bundle ie. overtime sheets and correspondence from HR detailing a breakdown of my last payslip, no holiday pay is mentioned. Please could anyone advise me if because we make a claim within the 3 months for constructive dismissal and the relevant paperwork is available we will be able to bring this up at the case hearing as a breach of contract.

 

Many thanks

[Pusillanimous]

Make an application to the tribunal to amend your ET1 to include the lack of holiday and overtime pay due to you. You need to check whether breach of contract is the correct jurisdiction to quote for this.

[rightsforme]

I believe breach of contract is the correct jurisdiction as that is how it has been referred to in judgement of January 2013 on case I represented.

[barclay]

Many thanks for your answers Pusillanimous and rightsforme. Much appreciated.