Holiday pay

Simplicity77

It never occurred to me that I should have claimed holiday pay with my ill health settlement agreement to leave work under PHI. Can this still be claimed or is it s not normally claimed?

Undervalued

Simplicity77 said:

It never occurred to me that I should have claimed holiday pay with my ill health settlement agreement to leave work under PHI. Can this still be claimed or is it s not normally claimed?

Normally you would get payment in lieu of notice plus payment for any accrued holiday (both of which are taxable) plus whatever settlement / compensation had been agreed which would be tax free up to £30K.

However it depends how the settlement agreement was worded. It may be you got an all inclusive sum although that may raise tax issues.

For a formal settlement agreement to be binding you must have received independent legal advice. Did they not clarify this for you? 

If the agreement was done properly then it cannot be reopened. If it was some informal "settlement" without legal advice then it could be.

The solicitor (or specially trained trades union rep) who advised you must, by law, have special insurance against getting this wrong. Any claim you may have would normally now be against them and not your former employer.