Chasing for underpayment during maternity leave from 2008?

cavalady

Hi there, I hope someone can help me with this.

I had my son in March 2008. I resigned from the company I worked for during my maternity leave and received all the SMP properly. I never received payment for accrued holiday though. I didn't chase it at the time as my mum died 6 weeks before LO was born and the whole year's worth of carp with my ex-step-father culminated in me having a breakdown.

I'm just wondering in these hard times, whether it is possible to chase for this payment now?

Thank you to anyone who may have advice.

cavalady

To add, it also seems the company is no longer trading so guess I've just answered my own question!

Uncertain

cavalady wrote: »

Hi there, I hope someone can help me with this.

I had my son in March 2008. I resigned from the company I worked for during my maternity leave and received all the SMP properly. I never received payment for accrued holiday though. I didn't chase it at the time as my mum died 6 weeks before LO was born and the whole year's worth of carp with my ex-step-father culminated in me having a breakdown.

I'm just wondering in these hard times, whether it is possible to chase for this payment now?

Thank you to anyone who may have advice.

Yes, a debt is recoverable for six years (five in Scotland).

You are too late to make a claim via an employment tribunal but could, if necessary, use the County Court. You can do this online.

First write a polite letter setting out exactly what you are owed and ask for payment within a set period of time (say a month?).

If this fails send a recorded delivery "letter before action" giving then a further 14 days before you take legal action.

Ah, just seen post 2!

Was it a limited company? If so there is probably nothing you can do.

If however it was a sole trader or a partnership then the proprietor(s) are still liable.

SarEl

Googlewhacker wrote: »

When did the rule about holiday pay being accrued during maternity leave come in? Was it not after 2008?

A long time ago! You are thinking of the ruling on long term sickness, which is more recent. But excellent thinking... shows somebody is awake