Holiday pay after leaving

Uncertain

LilyDeTilly wrote: »

Where did I say anything about them getting round things with "procedures"?? Some companies will only accrue holiday for full months.

You said "how the company works" which I paraphrased as procedures!

My point is that the statutory minimum holiday (28 days) is a legal right and cannot be short changed by the firm choosing to only count full months.

If the OP's firm gave holiday IN ADDITION to the statutory minimum then they could apply whatever contractual terms they liked to this bit.

LilyDeTilly wrote: »

I have seen this in many employment contracts so I presume they cannot all be making an illegal statement.....

You presume too much!

anamenottaken

heretolearn wrote: »

You are forgetting that your leave includes bank holidays so you need to deduct a day for each one since April and till you left. So, I can't remember Easter dates this year but possibly those, plus May bank hol and the 2 august bank hols. what's left is what they owe you.

Easter was at the beginning of April, so no holiday for that for the OP. There are two bank holidays in May and only one in August.

getmore4less

ramontheup wrote: »

Hi have recently left a job that i felt i could no longer remain in as explained previously on here,now they are trying to say they dont owe me holidays i started working for them on the 23rd april 20010 and left on the 6th october i worked 5 nights a week for the period above i have done a calculation and believe im entitled to 12.7 days holiday having taken 6 days in august i believe im still entitled to 6.7 is this correct.contract says i am entitled to stautory minimum holidays inclusive of pulic/bank holidays.I would like to add i started new job on the 8th nov working mon-thur days on more money. :beer:

So you work 5 nights* a week(were they all the same hours?).
from april 23 6oct is nearly 24 weeks so around 28*24/52 = 12.9 days roughtly what you got.
Fine calculations based on actual working will be close.

Did you take account of the BH and your holiday days?


* need to check this but because you do 5 nights technicaly you probably work 6 days so are enitled to less than the full weeks worth of hours since only upto 4 days count for holidays

EDit: that 4 should be a 5

Savvy_Sue

getmore4less wrote: »

* need to check this but because you do 5 nights technicaly you probably work 6 days so are enitled to less than the full weeks worth of hours since only upto 4 days count for holidays

Eh? I don't know about the OP, but I can't make sense of this ... The 5.6 weeks / 28 days is based on working a five day week. You don't get more if you work a six day week, but I wouldn't say the OP does work 6 days: his working days may start on one day and end the next, but it's still only equivalent to 5 days, IYSWIM.

PasturesNew

Savvy_Sue wrote: »

Eh? I don't know about the OP, but I can't make sense of this ... The 5.6 weeks / 28 days is based on working a five day week. You don't get more if you work a six day week, but I wouldn't say the OP does work 6 days: his working days may start on one day and end the next, but it's still only equivalent to 5 days, IYSWIM.

If you only work 4 days you get 'less' so you must get 'more' if you work 6 days. In either case, it should add up to 5.6 weeks and not 28 days.

Savvy_Sue

Direct Gov link.

I know you get less leave if you don't work a five day week. getmore seemed to be saying that the OP's leave should be based on a four day week. Or may a six day week.

But the OP only turns up for work 5 days a week: so he works a 5 day week, even if his working hours span 6 days, IYSWIM.

I'm probably not helping here ...

anamenottaken

Full time = 5 days a week and minimum paid annual holiday entitlement is 5.6 weeks, 28 days)
Four days a week = 4/5 of full-time number of days (but still 5.6 of their weeks)
Six days a week = same as the full time, 5 days a week person - there isn't extra entitlement.

If there is any variation in hours worked, best to work out in hours.

ramontheup

Hi thanks for your replys my working week was sunday to saturday always working 5 nights with a day of in week and saturdays of.i worked all bank holidays whilst there at normal time no extra pay.I took six holidays at the beginning of august.contract says staturory holiday entitlement inclusive of bank holidays when i said this to manager yesterday she seemed surprised that i said that if it was just a day or two owed would probally not bother as im just glad to be out of that job,I only took it in the first place out of desperation as i didnt want to be a goverment number,I am very happy in my new job working mon-thur on 12 hours but the plus side is i get to spend all weekend with my family.Ex manager is gonna get back to me on monday when she has checked with hr department what im entitled to:eek:

KiKi

Forget the dates of the Bank Holidays; no-one is entitled to BHs off, so it's about the days you've worked.

You worked 5 nights a week, and I would argue therefore you worked full time; you worked 45.7% of the year, so you are entitled to 45.7% of 28 days statutory leave = 12.8 days.

So quite simply you need to subtract ALL the Bank Holidays you've had and ALL your annual leave from the 12.8 days you were entitled to. What you have left is what you should be paid for.

HTH
KiKi

anamenottaken

KiKi wrote: »

Forget the dates of the Bank Holidays; no-one is entitled to BHs off, so it's about the days you've worked.

You worked 5 nights a week, and I would argue therefore you worked full time; you worked 45.7% of the year, so you are entitled to 45.7% of 28 days statutory leave = 12.8 days.

So quite simply you need to subtract ALL the Bank Holidays you've had and ALL your annual leave from the 12.8 days you were entitled to. What you have left is what you should be paid for.

HTH
KiKi

The OP's post immediately above yours categorically states they had no bank holidays off.

Others raised the matter of bank holidays because of the need to deduct any from the entitlement if they had been taken.

The OP also needs to be sure of the company's holiday year - in particular that it didn't begin on or after 1 May. If it did then holiday accrued from 23 April to the start of the holiday year would be lost if not taken in that first (part) year. If there was nothing in writing about the holiday year, then it would run from 23 April for the OP.