Denied holiday pay, is this right? HR advice appreciated please.

[Snorkers]

Hi, posting here for traffic.
Worked in a manual job and found it started getting to be very hard with the menopause symptoms like horrific joint pain, fatigue etc. Asked for a reduction in hours but my boss was being difficult so I resigned. They then started being difficult - low level bullying, ignorning me, leaving extra work for me to do and leaving extra heavy items to clear away so my GP signed me off until the end of my notice period.
I had about 3 weeks annual leave left to take from 2022/23 and around 2 days' from April, but my final salary doesn't include any holiday pay at all - just my last part month pay up to my leaving date. I now have to have a convo with my difficult boss.
What is teh deal here please? Surely I am entitled to some pay as I barely took any holiday last year - but my resignation (and time off sick) spans two leave years....

Thanks so much .

I think if the leave is approved it is counted as leave even if you were unwell

I see in one of your posts that you are in a small town council....me too and I'm the chief officer there so understand your situation and limited recourse with the small team you have.
Were you a member of your local county association? If so, ask them for guidance. You could also ask the SLCC or raise it with your Personnel/Staffing committee Chairman and ask that they look into it with the Clerk. Is there a Deputy Clerk who you are able to speak to? The Clerk has no right to ignore you or be offhand. If you truly can't resolve it with the Clerk, you can raise an official grievance to your Chairman.

In our town council, and as is generally standard in NJC Green Book which I assume you are under, it's generally three days you can carry over with the consent of the Clerk.

Did you have a sickness certificate for the period of holiday that you had booked but were then sick for? You should be able to get that back if so, and if the end of the leave year was so close that it would have been impossible for you to take the leave before the end of the holiday year, consideration should have been given to let you carry it over.

Hope that helps.

Thank you for the advice. No I was not a member of the association.
The clerk is a real piece of work. They are disliked by everyone there and even by people in the community - they are a difficult and obstructve person.
I will consider your advice thanks. I requested the leave but it was not agreed, I think I had maybe two days booked that I cancelled but the rest was more a 'can I please take the holiday I have left' and was ignored.
tbh it was such a toxic place I am just glad to have left so not sure I can be arsed pursuing it and getting back into things with this vile manager. I also have another job now too so am not desperate for the money.

We aren't allowed to carry anything over

We're allowed to carry a week's worth over with the agreement of our manager (also Local Gov). I think your manager hasn't agreed and therefore it all disappeared at midnight on the 1st April.

@Snorkers Write to the CEO and copy in the HR/payroll person.

As per Working Time Regulations you are entitled to be paid for your untaken holiday, which you calculate to be x days. Advise them that failure to pay for your unpaid holiday constitutes unlawful deduction of wages. You expect your holiday pay to be paid within 10 working days.

State you resigned because your manager failed to put reasonable adjustments in place. Having handed in your notice in your managers behaviour became even more unacceptable which directly led to you being signed off sick. Your manager refusing to pay your holiday pay to which you are legally entitled is a further example of your managers unacceptable behaviour.

If they fail to pay send a letter before action (Google template) setting out the gross £ amount due and again give 10 working days to pay up.

If they still don’t pay £ then launch a small claim against employer for £ and costs.

There is a lot of misinformation about carry overs and entitlement when an employee is sick at the end of the leave year and unable to take their leave. At this stage go for the full amount. You may find case law HMRC vs Stringer is helpful.