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Advice about back pay claim after redundancy

2 replies

ItsAStupidQuestion · 15/11/2024 22:03

Hi,

Just seeing if anyone can help or advise?

I was made redundant from a TA position in a nursery school back in Sept 2023, along with 3 others. A complete and utter shitshow due to an incompetent headteacher but redundancy pay was paid. Sorted.

Fast forward to now. Someone I used to work with and still works at the school told us that the current staff have received a back payment of some money owed due to term time only contracts. Something along these lines was mentioned by our unions when we were in consultancy for redundancy (no clear decision back then as it was waiting to be confirmed by a court case being brought by an employee - national, not our borough). We all worked there 10+ years.

We all contacted both HR and Payroll in October and after being passed from pillar to post between them, as neither one knew who should be dealing with it, they finally advised that we contact the headteacher and ask him to sort it out with them.

Today we have received an email from him advising that he has contacted HR and they have said the claim period ended in August and the council will not be actioning the back payment.

We were not advised of a claim period and all the contact with HR/Payroll happened in October so why was this not said to us then? Surely when he processed the back payments for current staff, we should have been included as well?

I’m wondering if I have a leg to stand on here, so any advice would be appreciated.

OP posts:
Kaleidoscopic101 · 15/11/2024 22:30

Can you speak to ACAS to see what their thoughts are. They're super helpful and knowledgeable and it's a free phone line. They should be very familiar with this case law. It's the Harper Vs Brazel case went on for years...it wasn't really properly concluded until the government published guidance in January 2024. https://www.gov.uk/government/publications/simplifying-holiday-entitlement-and-holiday-pay-calculations/holiday-pay-and-entitlement-reforms-from-1-january-2024

ItsAStupidQuestion · 16/11/2024 08:55

That's really helpful, thank you.

Good shout about ACAS. I'll give them a call on Monday.

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