I took a PILON instead of working notice - Am I entitled to benefits/holidays too?

pilondmpjsa

I was dismissed with 6-months notice due to ineffective service caused by long-term absence due to mental health issues. (For the sake of my query, let us ignore the possibility of unfair dismissal or disability law problems - as I don't really want to go down that route - unless I have to go to ACAS or an Employment tribunal to get the final parts of my redundancy payment)

Am I entitled to the holiday that I would have accrued during the 6 months as if I worked it, instead of taking a payment and having my end date sooner? I was only paid for the days pro-rata I had untaken up to my last day of employment.

I firmly believe that I should be paid for all holidays that would have accrued over those 6 months (it's around 14 days), as well as employer pension contributions (9% per month for six months salary), and any other benefits (or equivalent value) that I would have had as part of my employment. (A company product that I received for free for being an employee, worth about £35 per month to a normal customer)

Trying to get a response from HR has been like pulling teeth. I am being bounced around from person to person, and I feel like my union rep has nothing but contempt for me because I've been chasing them for an answer on this for the past 8 weeks and each time I chase I get a wooly response that they'll look in to it.

The HR person that handled my case with my manager referred me to the HR helpdesk as its not part of their job, apparently. The HR helpdesk is a service centre based abroad and staffed by members of staff that absolutely have no authority on these matters. Calling the number provided always results in a voice mail box - nobody has called me back after a couple messages.

The gov.uk site (payment in lieu of notice section) here suggests I should be compensated to the same degree as if I worked there for those 6 months.

If you accept, you should receive full pay and any extras that are in your contract.

The payment that I received was tax-free (as it's effectively damages for breach of contract).

I am very strongly considering setting up conciliation with ACAS within the next week, as the HR helpdesk is not elevating to anybody senior enough to tell me more than "You have received 24 weeks pay".

Anybody have any advice, please? This is really stressing me out.

getmore4less

They do not need to pay holidays as any holidays that could acrrue during a PILON period could be taken during that period if you worked/garden leave so there is no loss to compensate.

PILON payment that are not taxable can be paid NET so by paying gross they are paying more than they need to.

pilondmpjsa

Any thoughts how this all applies to the pension payments I have missed out on?

Thanks

getmore4less

Would have to research the other elements

pilondmpjsa

Other than ACAS or Citizens Advice (CAB), is there anywhere I can go for actual legal advice on this?

I spoke to CAB and they admitted that they did not know, and I believe ACAS is for the level when you formally want to start a dispute.

Any thoughts on how much a lawyer may cost (and what cut they would take if they proved I was owed something)?

I may chase my union's legal team directly as the rep that I am speaking to is useless. I pay them for a service, so I guess I should insist that they do something to clarify the legal position