Advise regarding remaining holiday

mp3duck

Hi,

I am posting this on behalf of a friend.
He has recently left a job, his last day being 6th June (although it was agreed that this would be holiday, due to the Monday and Tuesday of that week being a bank holiday).

His annual holiday allowance is 20 days.
When calculating how much holiday you have left (and therefore should be paid in final pay packet), do you include the Bank Holidays or not?

I get different values:

He has taken 5 days holiday this year, and upto the 6th, there would have been 6 bank holidays.

if you include bank holidays, it's 28/12 * 6 = 14 - 5 - 6 = 3 days left
if you don't include bank holidays it's 20/12 * 6 = 10 - 5 = 5 days left

Uncertain

mp3duck wrote: »

Hi,

I am posting this on behalf of a friend.
He has recently left a job, his last day being 6th June (although it was agreed that this would be holiday, due to the Monday and Tuesday of that week being a bank holiday).

His annual holiday allowance is 20 days.
When calculating how much holiday you have left (and therefore should be paid in final pay packet), do you include the Bank Holidays or not?

I get different values:

He has taken 5 days holiday this year, and upto the 6th, there would have been 6 bank holidays.

if you include bank holidays, it's 28/12 * 6 = 14 - 5 - 6 = 3 days left
if you don't include bank holidays it's 20/12 * 6 = 10 - 5 = 5 days left

The bank holidays are a red herring for this purpose.

His holiday entitlement is 28 days in total. All that matters is how many of these days have been taken, the remainder must be paid.

KiKi

You calculate using 28 days (total paid leave), and by day, not by month. When does his Annual Leave year begin and end?

It's 28 / 365, multiplied by the number of days from the beg of the AL year until 06 June. That's how many days paid leave he should have. Then take off BHs that he didn't work, and take off AL days taken. Whatever is left is the answer.

Assuming a Jan-Dec AL year, it's 12.12 days that he should have had. Minus 11 days (BHs and AL taken), he has 1.12 days to be paid.

HTH

KiKi

mp3duck

Uncertain wrote: »

The bank holidays are a red herring for this purpose.

His holiday entitlement is 28 days in total. All that matters is how many of these days have been taken, the remainder must be paid.

So, if the company refused to make any payment of anykind, they would be breaking the law?

The situation is basically, his agreed last day was 6th June, but his actual working last day was 1st June.

Even if you take his last day as 1st June, this would still mean his entitlement was 11 days, less 9 days taken (5 annual leave, 4 bank holidays), therefore meaning he is owed the Friday, plus 5 further lieu holidays. Unless I am wrong

mp3duck

KiKi wrote: »

You calculate using 28 days (total paid leave), and by day, not by month. When does his Annual Leave year begin and end?

It's 28 / 365, multiplied by the number of days from the beg of the AL year until 06 June. That's how many days paid leave he should have. Then take off BHs that he didn't work, and take off AL days taken. Whatever is left is the answer.

Assuming a Jan-Dec AL year, it's 12.12 days that he should have had. Minus 11 days (BHs and AL taken), he has 1.12 days to be paid.

HTH

KiKi

How did you get to the 12.12? Up to June 1, there is 184 days.
28 / 365 * 184 = 14.11

Edit: Sorry, I was counting June as a whole month

mp3duck

So, taking KiKis calculation, and now assuming a last day of 1st June, it would be 28/365 * 152 = 11.6

Taken days, including BH = 9, so therefor, 2.6 days left?
They would also need to pay for the Friday worked.

Have I done that right?

Uncertain

mp3duck wrote: »

So, if the company refused to make any payment of anykind, they would be breaking the law?

Yes

The situation is basically, his agreed last day was 6th June, but his actual working last day was 1st June.

He continues to accrue holiday right up to the end of his notice period (even if he was on "holiday" or off sick for some / all of it.

Even if you take his last day as 1st June, this would still mean his entitlement was 11 days, less 9 days taken (5 annual leave, 4 bank holidays), therefore meaning he is owed the Friday, plus 5 further lieu holidays. Unless I am wrong

As I said his entitlement is 28 days in a full year. The firm have told him he has to take the eight bank holidays leaving him 20 days to book as and when. My calculation (assuming he is not is Scotland) is five bank holidays ( 1 New Year, 2 at Easter and 2 in May) plus you say he has taken 5 other days. The Jubilee day was not strictly a bank holiday so, assuming he didn't work, may have to come out of his remaining 20 or the firm may have given it as an extra.

157 days from 1 Jan to 6 June (0.43 of a year) giving holiday entitlement of 12 days. He has taken either 10 or 11 depending on Jubilee leaving 1 or 2 to be paid.

mp3duck

Uncertain wrote: »

As I said his entitlement is 28 days in a full year. The firm have told him he has to take the eight bank holidays leaving him 20 days to book as and when. My calculation (assuming he is not is Scotland) is five bank holidays ( 1 New Year, 2 at Easter and 2 in May) plus you say he has taken 5 other days. The Jubilee day was not strictly a bank holiday so, assuming he didn't work, may have to come out of his remaining 20 or the firm may have given it as an extra.

157 days from 1 Jan to 6 June (0.43 of a year) giving holiday entitlement of 12 days. He has taken either 10 or 11 depending on Jubilee leaving 1 or 2 to be paid.

Do you count "leap years", as this year it is actually 158 days. (although you still get to 12 days). I believe my friend was told he would have had to of worked the Jubilee day, so, based on this, he would have taken 11 days (including the final Wednesday, 6 AL + 45 BH = 11), and have 1 day to be paid.

Also though, they would have to pay for the Friday he worked, and the Bank Holiday Monday, plus the Wednesday he had as Holiday.

If they would have made him use his annual leave for the Tuesday, this would leave him with no days left to be paid Pro-rata, but, 2 days paid holiday + 1 paid Bank Holiday, plus the 1 day worked.

So, from what I can see, he is owe 4 days pay.

If they insist his last day was the 1st June, his earned days are 11.7. does this round up. If so, he would have earned 12 days, and taken 9, leaving 3 days left to be paid, plus the 1 day worked, again coming out at 4 days owed

KiKi

mp3duck wrote: »

Do you count "leap years", as this year it is actually 158 days. (although you still get to 12 days). I believe my friend was told he would have had to of worked the Jubilee day, so, based on this, he would have taken 11 days (including the final Wednesday, 6 AL + 45 BH = 11), and have 1 day to be paid.

You do count 'leap' years, but out of 365, it's never enough to make a difference! Yes, it's 1 day.

Also though, they would have to pay for the Friday he worked, and the Bank Holiday Monday, plus the Wednesday he had as Holiday.

If they would have made him use his annual leave for the Tuesday, this would leave him with no days left to be paid Pro-rata, but, 2 days paid holiday + 1 paid Bank Holiday, plus the 1 day worked.

So, from what I can see, he is owe 4 days pay.

If they insist his last day was the 1st June, his earned days are 11.7. does this round up. If so, he would have earned 12 days, and taken 9, leaving 3 days left to be paid, plus the 1 day worked, again coming out at 4 days owed

Sorry, I cannot fathom how you are doing your calculations!

His last day was 6 June. That means he had, for the year, an entitlement of 12.12 days.

You said he has taken 5 days' leave. He definitely had 5 days BHs. He either took the Jubilee day as an AL or a BH - it doesn't matter; it's still 1 extra day off.

That's 11 days taken. Which is 1 day left.

So they pay him full time until 06 June, and one extra day (in lieu of the AL day owed). OR, they pay him until 01 June, and another 4 days. It doesn't matter which money wise, but strictly speaking his last day WAS 06 June.

KiKi

mp3duck

KiKi wrote: »

You do count 'leap' years, but out of 365, it's never enough to make a difference! Yes, it's 1 day.




Sorry, I cannot fathom how you are doing your calculations!

His last day was 6 June. That means he had, for the year, an entitlement of 12.12 days.

You said he has taken 5 days' leave. He definitely had 5 days BHs. He either took the Jubilee day as an AL or a BH - it doesn't matter; it's still 1 extra day off.

That's 11 days taken. Which is 1 day left.

So they pay him full time until 06 June, and one extra day (in lieu of the AL day owed). OR, they pay him until 01 June, and another 4 days. It doesn't matter which money wise, but strictly speaking his last day WAS 06 June.

KiKi

Thanks KiKi,

I am probably getting my calculations messed up a bit, but I think in the end, it comes out with the same figure, which seems to be he has to be paid for 5 days.

Edit:

Sorry, just a quick clarification:

Taking last day as 6th June. he is due the 12 days. He took 9 AL and BH days earlier in the year, leaving 3 days. If we assume all those 3 days are taken 4th, 5th and 6th of June, that would leave 0 days left, but he has to be paid for those 3 days, plus the Firday (hence paid full time up to 6th June), but this is 4 days.

Taking last day as 1st June. Due 11.7 days, round up to 12 days. Again, taken 9 AL and BH days earlier in year, again leaving the 3 days. 3 days paid as pro rata leave, plus 1 day worked, again 4 days