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How to get accured holiday pay on long term sick absence?


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It's pretty obvious my employers don't want me back and I need to move on and upwards and away from them. How do I legally stand in claiming back accrued holiday pay? I've been off ill and obviously, unpaid since been off - Jan 2012 (or something like that as it's been so long) and although still employed my position has been temp filled.

 

 

I remember a lot of people stating don't quit as holiday is been accrued. I have asked my work and to no surprise they don't reply.

 

 

So how do I get the ball rolling? I presume I have to resign then request the amount/days in writing by recorded delivery with a time limit, then if they ignore take it to ET?

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I wouldn't resign if I were you, if they don't want you back then they need to terminate your employment which means they will have to pay you severance pay and holiday pay on top. Write to them (by recorded delivery) asking for the holiday pay you have accrued to be paid as soon as possible.

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Agree, still entitled to holiday pay so that will be at least 4 weeks money. Whether you resign or are dismissed on capability grounds makes no difference to the paid holiday entitlement but they are probably unaware that you have this entitlement.

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It makes a difference if he resigns - he would lose severence pay.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Thank you for your helpful replies.

 

 

I can envisage at this stage that the letter will either be ignored or they will just flatly refuse. What do I need to do then to get there attention. Would I be correct in saying I need to go through ACAS first then file a claim, along with payment to my local ET?

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personally I'd go for small claims court as it's cheaper. Send a "letter before action" headed as such, asking for payment within 14 days and if not you will be filing a claim with court. Then look at money claim online. Much cheaper than an ET.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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You don't actually have an entitlement to your accrued holiday pay until your employment terminates, contrary to popular belief. So an ET or CC claim would be unmeritorious until you have actually left.

 

If you want to resign then state in your resignation letter that you expect your holiday pay in full (although legally you may not be entitled for the full two years - it's still a grey area). See what happens and if they don't pay up, issue a claim.

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My apologies, becky is of course correct

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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