Holiday entitlement on leaving employment?

Permanently_confused

Hello,

Everyone was so helpful with my last question, I hope someone can help me out here please.

As I have mentioned in another thread, I am leaving the company that I work for at the end of this month (June) and have worked for them for ten months. I have never had a contract, despite asking for one on numerous occasions.

I do not have a set number of hours a week as I cover as and when required and also, I don't have a contract!

I will have worked 107 days from 1st Jan - 30th June, full time 5 days a week would be 120 days so I am only just short of that. Before Christmas, I worked an average of three days a week from 20th October to the end of December. I have worked bank holidays etc as well.

I have taken seven days paid holiday since I started, they were in May. At this point, my employer said that I had accrued only 8 days holiday.

I work full 8 hour shifts, occasionally 9 hours.

Please can someone give me an indication of how many days holiday I have left so that I can make sure I request the pay for them?

I am thinking even though I don't have a contract, holiday is normally 28 days a year isn't it? Please correct me if I'm wrong; I did read in one thread that it's 5.6 weeks' holiday a year calculated on an hours worked pro-rata basis even if you don't have a contract, but I don't know if that's right.

Any advice would be much appreciated. Have a nice day everyone

flashnazia

When does the holiday year start?

Permanently_confused

I am assuming on commencement of employment - I have never had a contract so I don't have anything in writing.

My employers use the word "accrued" so I have to work for a certain amount of hours before I gain holiday entitlement, so it must be from the date I started.

flashnazia

Try this:

http://www.direct.gov.uk/en/employment/employees/timeoffandholidays/dg_10034642

paddedjohn

If you don't have set hours then it's best to work your holiday entitlement out in hours rather than days. You need to work out how many hours you have worked since you started (this is when your holiday year runs from since you have no contract) and multiply the result by 12.07%, this will give you a total in hours but you then have to subtract any hols you have already been paid for.

Permanently_confused

Hi,

Thanks for the link, I have tried it but can't make use of it.

I am very very bad with numbers (languages are more my thing). I will have worked for the company for 37 weeks when I leave, and done around 145 days' work for them. From October 20th until July 5th.

I can't work out what I should be doing with the direct.gov calculations as it is worked on the full year and I can't work out the difference and the tool says that if you work a different number of hours each week not to use it.

So... on 145 days' work from October 20th to 5th July on 8 hour shifts, with 7 days paid holiday taken, on a standard 28 day holiday would anyone be able to advise me how much holiday I have remaining please?

I know it seems like a stupid question but I really am awful with numbers and percentages and I would prefer someone to give me an indication so I have some confidence when I'm asking for my remaining holiday pay.

Thanks!

Permanently_confused

Thank you, Paddedjohn, that is very useful, I am trying to work it out now. Is that my legal entitlement, the number of hours worked multiplied by 12.07%? Minus the hours already taken, of course.

Constant_Gardener

If you are not great with figures, you could compare your results with an online calculator here:
http://www.businesslink.gov.uk/bdotg/action/layer?r.l1=1073858787&topicId=1079427399&r.l2=1073858926&r.s=tl

Permanently_confused

Thank you so much everyone, I have worked it out. It turns out that for a "part time" job whilst doing post-grad study I've averaged full-time hours so I'm entitled to a lot more than I thought!

I'd definitely recommend anyone working unusual hours to do as paddedjohn suggests to calculate your entitlement.