Holiday pay after redundancy/insolvency

Hi, I have a question about receiving holiday pay after being made redundant because the company has gone insolvent.

I was made redundant in August 2021, the insolvency didn't actually happen until May 2022. It's been a very long and difficult process (including ACAS and the Employment Tribunal) and I am still fighting to receive part of my notice and redundancy pay and missing pension payments. The insolvency practitioner has been messing up along the way by providing the incorrect details to the Redundancy Payments Office... But that's something for another post if I can't get it solved.

In any case, I have now received a message from the RPO saying that I am not entitled to holiday pay. I am trying to figure out if that is correct or if I should be getting anything (as they made the same claim about my redundany pay first as well but that was because the insolvency practitioner messed up).

I worked for this company for 7 years. Our annual leave renewed on the 1st of May every year. My online company employee page shows I had 33 days of holiday entitlement, but I'm assuming the insolvency practitioner simply went with 28 days (I assume that's the norm). I'm not sure how I could prove the 33 days other than a screenshot of the website. The last contract I received states 28 days.
I was made redundant on the 2nd of August. During the 1st of May and my redundancy I did not take any holiday, but I was put on furlough. 

Should I be receiving any kind of pay for holidays I did not take? If so, how can I calculate how much this should be? 

Thanks for any help!

Replies

  • superbigalsuperbigal Forumite
    558 Posts
    Part of the Furniture 500 Posts
    Forumite

    You’re only paid for holidays you took or accrued in the 12 months before your employer became insolvent.

    You’ll only get payments for up to 6 weeks of holiday days. Holiday pay is capped at £571 per week (£544 per week if your employer went insolvent before 6 April 2022).

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