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Notice Period Pay Calculation...

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Hello, I am looking for some advice please. I have just being told I am to be made redundant. My employer has sent me details of my notice period pay. My contract says I have a 4 week notice period.
The issue is in the calculation of my notice period pay.
My employer has simply taken my annual leave - divided it by 52 weeks and then multiplied it by 4 weeks.
This approach however means that I will receive about £1000 less than if I calculated it in what I think is a more fair manner:
Because my notice period spans January and February 2011 - with 5 days in Jan and 15 in Feb, my calculation is as follows using the following steps:
1. Annual Salary divided by 12 months;
2. Monthly salary divided by:
(a) 21 (working days in Jan) and multiplied by 5 working days
(b) 20 (working days in Feb) and multiplied by 15 working days
3. Add up results of 2(a) and 2(b).

So question is - is "4 weeks" one month or not - and which is the correct calculation method? Can I (legally) force my employer to use my method or not?

Thanks for any and all help.

Comments

  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    4 weeks is 4 weeks ie 20 working days, so find the weekly rate and multiply by 4 as the employer has done. If your contract had said a month's notice, then that would be different, but it states 4 weeks.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    (5/21+15/20)/12 = 0.082341 of salary

    4/52 =0.076923 of salary

    so 0.005418 is £1000 that makes your salary £184,570


    Are you sure it is £1000 different.

    anyway it is 4/52.
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