What am I entitled to?

Bluebelle5

I am on a term-time contract working 39 weeks with 5.4 weeks holiday pay (44.4 weeks total). My weekly pay is multiplied by 44.4 then divided by 12 to give equal monthly payments throughout the year.
I have been on long term sick since the end of March and we are now in consultation for redundancies. My employer has offered a settlement agreement to terminate my position. They will pay 12 PILON plus my statutory redundancy entitlement in return for my agreement that I will take no legal action, grievance etc. (Another long story!).
My question is, am I entitled to any outstanding holiday pay?
I have provided doctors "fit" notes for every week since March (including school holiday) therefore not actually taken any leave but I assume still accruing holidays.
My employer claims there is no entitlement to holiday pay.

Comms69

Yes; my question is- are you entitled to an enhanced redundancy rate?

Bluebelle5

What is that and why?

getmore4less

How long have you worked there?

While on sick what pay have you been getting?

sangie595

I think the point being made is that they could just begin processes to fairly dismiss you and offer you not a penny. You are, it appears, being offered redundancy terms instead, and those are better than the statutory terms. So it is being, I think, suggested that asking for holiday pay on top of that might be a bit pushing your luck and you might want to consider your good fortune in not being sacked without a penny.

At least that's what I'm thinking, so I'm guessing I'm not the only person thinking that.

The answer to your question is that you are not entitled to anything. You are being offered a deal which it would be wise to take, and the employer had told you the terms under which it is being offered. It is better than the law offers if you are made redundant, so the terms are set by the employer. You can hold out and argue for holiday pay as well. And if you are due any you will get it. Possibly with statutory redundancy. But also possibly just with your P45 and a dismissal on capability grounds.

Bluebelle5

7 years and full pay.

Bluebelle5

There's are other factors involved. I could go down the legal route as there is a clear case of unfair treatment.

Undervalued

Bluebelle5 wrote: »

There's are other factors involved. I could go down the legal route as there is a clear case of unfair treatment.

In who's opinion?

"Unfair" and legally unfair can be two completely different things.

Have you had proper legal advice that suggests these "other factors" have any legal merit?

Comms69

Bluebelle5 wrote: »

There's are other factors involved. I could go down the legal route as there is a clear case of unfair treatment.

What do you believe is unfair, because I cant see it from your OP

Bluebelle5

Yes I have had legal advice and advice from the union.

marliepanda

Bluebelle5 wrote: »

Yes I have had legal advice and advice from the union.

So what extra info do you think you can get from a free forum that is above what your paid for legal advice and union advice said? I’m assuming you’ve given them all the facts, and you’ve only given us half...