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Redundant on 20 April - entitled to pro-rata annual leave?

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I have accepted voluntary redundancy and have been told that my last day will be 20 April. Our leave year starts on 1 April. I thought that I would be able to pro-rata my annual leave entitlement up until the date I leave, which would have given me 2.66 days (not sure if I would have to round down to 2.5 or round up to 3).

However, HR have told me company policy is that I am only entitled to take annual leave for full months already completed. As I'll be leaving before the end of April and won't have worked a full month of the new leave year, this means I'm not entitled to the 2.66 days I would had, were I not leaving. My company does not pay for annual leave not taken either.

When one of my colleagues left last year, on 21 October, her annual leave was just divided into 12 months and then multipled to give her entitlement for April through to October. I've been told this shouldn't have happened.

I've tried looking at the Working Time Regulations but can't seem to find anything one way or the other as to whether I'm entitled to any pro-rata annual leave. I'd be grateful for some clarification - many thanks.

Comments

  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Statutory holidays are prorata a minimum 5.6 weeks(if full time)

    The company policy cannot overide statutory rights
    (might be worth telling them that, but don't tell them what they might be)

    There are ways they can build this into any enhanced redundancy payments but it needs to be specified.

    One option is to give them the one chance and then let things go as is then put in a claim for unpaid holidays once the rest is paid to avoid any withdrawall of enahnced redundancy.
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