Holiday Pay

RufusLDK

Hi,

I've just informed my company that i'm leaving at the end of May. I'm entitled to 24 days holiday a year and have also carried over 5 which they have said i have to use by the end of march. So from my knowledge those 5 carried over should have no impact to this years entitlement as they relate to last year. So i have worked it out as:

24 days holiday / 12 months equals 2
then times by the number of months worked (5) equals 10

However my work has said that the 5 carried over is included therefore there sum is:

29 days holiday / 12 months equals 2.41
then times by the number of months worked (5) equals 12
Then minus the 5 days i have had to take so they will only owe me 7 days

Is this correct?

DVardysShadow

No, they are totally wrong. You have earned your 5 days fair and square, because you worked for the whole period. They should only do prorata on your entitlement for this year.

RufusLDK

DVardysShadow wrote: »

No, they are totally wrong. You have earned your 5 days fair and square, because you worked for the whole period. They should only do prorata on your entitlement for this year.

Thank you for this DVardysShadow. Has anyone else got a view on this as i can't see how they can make it out that i have to earn that holiday again?

DVardysShadow

The argument is simple.

"If I took those 5 days last year, you would not be pro-rata ing them now. So what makes you think you are entitled to pro rata them now?"

Someone is being terminally thick over this. If they persist, put in a grievance and get it put up the chain of command to someone who is not stupid.

Mudd14

I agree its rediculous. The 5 days wont be included in the accrual calculation as they would have been in the previous year!

On another note are you full time? If so you should be entitled to 28 days, unless you recieve the 8 bank holidays off in addition to your 24?

BexInLondon

They're definitely being ridiculous.

RufusLDK

They've backed down now and have agreed to my view, suspect they thought they could pull the wool over my eyes and get away with it (only a small company). Thanks for everyones help much appreciated

jdturk

Rufus, does your holiday exclude bank holidays, by Law a company have to give 28days holiday (but they can include bank holidays). If they are under this they are operating illegally

Mudd14

jdturk just to note that 28 only applies to full time workers who work 5 days weeks, The statutory minimum is 5.6 weeks not 28 days for all employees.

jdturk

Mudd14 wrote: »

jdturk just to note that 28 only applies to full time workers who work 5 days weeks, The statutory minimum is 5.6 weeks not 28 days for all employees.

I meant 28 days for full time but you are correct in that its pro-rata for the part time employees