Please help me calculate holiday entitlement

VALM

Hi. I have given Notice to my firm and was wondering whether I have any holiday entitlement left before I leave. I started employment on 1 January 2012 and my holiday entitlement started from January. I have, so far, taken 14 working days off for holidays. I read of a calculation online and according to that I have calculated that I am owed 2 days' holiday still. Can someone please clarify this for me?

Cheers

LittleVoice

If you stayed with this employer for a full year how much holiday entitlement would you have? Does that include bank holidays? Is anything said about bank holidays in your written particulars of employment?

Do the 14 working days include bank holidays? If not, do you normally work bank holidays? Do you work regular hours Monday to Friday or some other pattern, such as including weekends?

When will your employment end?

VALM

LittleVoice wrote: »

If you stayed with this employer for a full year how much holiday entitlement would you have? Does that include bank holidays? Is anything said about bank holidays in your written particulars of employment?

Do the 14 working days include bank holidays? If not, do you normally work bank holidays? Do you work regular hours Monday to Friday or some other pattern, such as including weekends?

When will your employment end?

Hi, If I stayed a year I would be entitled to 20 working days' holiday plus Bank Holidays. The 14 working days do not include Bank Holidays. I work 8.30am-5.00pm Monday to Friday (no weekends). I have given 4 weeks' Notice from 31 August 2012 and calculated my last working day (notwithstanding any holiday entitlement) as 28 September 2012.

Thanks.

LittleVoice

VALM wrote: »

Hi, If I stayed a year I would be entitled to 20 working days' holiday plus Bank Holidays. The 14 working days do not include Bank Holidays. I work 8.30am-5.00pm Monday to Friday (no weekends). I have given 4 weeks' Notice from 31 August 2012 and calculated my last working day (notwithstanding any holiday entitlement) as 28 September 2012.

Thanks.

Yes, 4 weeks from 31 August gives a leaving date of 28 September.

As you don't work at the weekend or a bank holiday, you may find that your employment started on 3 January. If your contractual documents say 1 January and you were paid for a whole month in January, then that's one bank holiday you have taken.

Your entitlement is the minimum for someone working 5 days a week. It's 28 days including bank holidays (though the extra one this year may need to come out of the total of 28 days).

You will have worked for nine months, three-quarters of a year, so your entitlement for the period will be 28/4 * 3 = 21 working days.

The Bank Holidays since 1 January were
2 January
6 April
9 April
7 May
4 June
5 June
27 August
which total 7 days

You have taken 14 ordinary days holiday plus 7 for the bank holidays, so there will be no additional holiday that you are due and, on the other hand, there will be no claw-back by the employer of holiday taken but not accrued by the date of termination..

Thriftysaver

You will have worked 39 weeks when you end your employment. So you are entitled to 15 days holiday to that point. 20 days / 52 weeks = 0.384615385 days holiday accrued per week x 39 = 15 days.
Therefore you will be owed one day annual leave. Hope this helps:)

This is provided your annual leave is calculated as 20 days plus bank holidays

LittleVoice

Thriftysaver wrote: »

You will have worked 39 weeks when you end your employment. So you are entitled to 15 days holiday to that point. 20 days / 52 weeks = 0.384615385 days holiday accrued per week x 39 = 15 days.
Therefore you will be owed one day annual leave. Hope this helps:)

This is provided your annual leave is calculated as 20 days plus bank holidays

You have not apportioned the entitlement which relates to the bank holidays. Unfortunately because all but 2 occur in the first 8 months of the year, they are not spread evenly through the year and the OP has taken more than a proportionate amount.

The only way that being owed one day would be true is if they had not started on 1 January and therefore not taken a holiday on 2 January and not been paid for it.

If full-time staff were given 5 June as an extra entitlement, then the OP would have three-quarters of a day for that too to be added back.

paddedjohn

Don't forget, a proportion of the extra bank holiday may have to be factored into the equation.

Thriftysaver

It depends on the contract. If it was 20 days plus bank holidays then my calculation is correct. If he gets 28 days then it is calculated as 2.33 days pcm. The better contract is separating bank holidays as all extra bank holidays are separated from the 20 days statutory annual leave entitlement.

Therefore the extra bank holiday for the Queen's Jubilee does not come into it.

As the OP stated that he received 20 days plus bank holidays, I believe that my calculations are correct.

Note annual leave does not mean that statutory entitlement for annual leave has to be written as 28 days, thus giving a sum of 28/52, and then applying the extra BH giving in effect only 19 days plus bank holidays.

Therefore I believe that the OP has a more beneficial contract of employment.

paddedjohn

Thriftysaver wrote: »

It depends on the contract. If it was 20 days plus bank holidays then my calculation is correct. If he gets 28 days then it is calculated as 2.33 days pcm. The better contract is separating bank holidays as all extra bank holidays are separated from the 20 days statutory annual leave entitlement.

Therefore the extra bank holiday for the Queen's birthday does not come into it.

As the OP stated that he received 20 days plus bank holidays, I believe that my calculations are correct.

Note annual leave does not mean that statutory entitlement for annual leave has to be written as 28 days, thus giving a sum of 28/52, and then applying the extra BH giving in effect only 19 days plus bank holidays.

Therefore I believe that the OP has a more beneficial contract of employment.

Sorry but your way of calculating is wrong, the bank hols have to be included in the calculations pro rata.
If for instance the op had worked for only 6 months they would be entitled to a minimum of 14 days, they would have already used 5 on bank hols so they would only have 9 left to take, by using your method this would come out at 10 days.

LittleVoice

paddedjohn wrote: »

Don't forget, a proportion of the extra bank holiday may have to be factored into the equation.

Yes, see final sentence of post #6. For the OP it would be 3/4 day.

It applies only if the wording has something like "plus all bank holidays" rather than naming the bank holidays and why I asked in post #2 what the wording about bank holidays was.

@thriftysaver - Queen's birthday!!!!

paddedjohn

Oops, missed that in post 6.