Outstanding holiday

freakyogre

I was made redundant on the 9th of March with 10 days of holiday outstanding out of 20. Our “holiday” year ran from April-April and I was unable to get these in before that time (we went into administration in January, so had I taken them after this date I was told they wouldn’t be paid, so seemed pointless).

The redundancy forms I completed asked about outstanding holiday so I noted that I still had 10 days outstanding from this year.
(I also had 10 days from the previous holiday year that I was unable to take, so noted these down on the redundancy form as well. I was previously told that these days couldn’t be carried over and couldn’t be paid. Fair enough, but it was agreed by my regional manager that these could be carried, so I listed them too. I am not overly bothered about the previous year, but was told to try for them. Not sure if this is even relevant, but perhaps worth a mention.)

I was paid yesterday for the last month I worked and included in this was 3 days holiday pay. This doesn’t seem right as after speaking to my old colleague who had 5 days of holiday outstanding, they have been paid 2.5 days. Surely I should have received more as I had double that amount outstanding? (We are both a bit confused as we assumed holidays would be worked out along with the redundancy, but we’ve yet to hear anything about that).

Is holiday pay worked out on how many days you have outstanding, or something else? Should I have received more than 3 days?

I do plan to phone the administrators on Monday to query it, but just wanted a bit of advice beforehand.

Thanks for any help

LittleVoice

When you say you had "10 days of holiday outstanding out of 20" do you mean you you had accrued 20 days up to the time of redundancy and had already taken 10 of them?

If the holiday year runs "from April-April", presumably this is 1 April to 31 March - or is there some date in April (6th?) from which the year runs?

If you had not taken all the holiday in the previous year and had not taken it (ie if you took holiday during the last year it should first of all have used up the previous year's carried over allowance), then unless you have something in writing about carrying forward the days then you have lost that entitlement.

freakyogre

We were entitled to 20 days holiday each year. I took 10 days of that and still had 10 owing.

Yes, it runs from April 1st-March 31st.

I have pretty much accepted that last years holiday has been lost, but I was advised on the last day to try and claim for it. It's worth a try.

So forgetting last years holiday, where would I stand with this year?

LittleVoice

If the company was in Administration but still trading then I cannot see why you could not have taken paid holidays.

However if your holiday entitlement for the whole year was 20 days, then to 9 March you would have accrued 19 days (rough calculation on number of weeks left to complete a year). So I would suggest you should have been paid for 9 untaken days which had accrued.

Were you actually working up to 9 March. If not they might claim that they had told you to take holiday in the period up to then.

freakyogre

We were told that if we had already booked a holiday we could still take it and be paid. If we hadn't booked it, then we could still take it, but wouldn't be paid (this was sent after they went into administration). As I hadn't booked any time off I decided not to bother as would rather be working.

That's what i'm thinking. I don't expect to be paid for the full 10 days, but it seems odd that I have only been paid .5 days more than someone who had half this time still owing.

Yes, my last day with the company was the 9th of March.