Claiming unused holidays

HooBoo

Hi,
Just hoping that someone can help me with a question about holiday pay once you have been made redundant.
The company i work for was put into administration at the start of Oct. The majority of staff were made redundant on the same day. I and about 10 other members of staff were retained by the administrators to help wind the company up (not fun!)
I need to know how the accrued but unused holidays will be calculated once we have been made redundant.
I have it in my head that it would be:
30 days per year (21 hols plus 9 bank holidays) divided by 12 then multiplied by the number of months worked this year. Less holidays inc bank holidays already taken.
30/12x11=27.50 to the end of Nov less what i have already taken (11 holidays plus 7 bank holidays) leaves 9.5 to be paid.
Is this correct or will it be worked out different as its coming from the government?
I would be grateful if someone could clear it up for me
Thanks

Steve1968_2

I suspect at the end of the day it may be down to the wording of your employment contract. I was made redundant a short while ago and the bank holidays were excluded (i.e entitlement 21*months accrued/12) but there is no reason why a contract need say something different.

Therefore I'd offer the following three bits of advice :

1. Dig out your employment contract and try and figure out what your entitlement is on leaving (whether voluntary or involuntary)
2. Ask your colleagues what they think and why.
3. Ask the administrator how the intend to do the calculation AND what is their reason/rationale for doing so. You have every right to do this.

Most commonly contracts are for a certain number of days holiday plus statutory bank holidays, therefore I it would be unusual (but not impossible) if your calc was correct. I'd expect a figure of 21*(11/12)-11 = 8.25 days.

At the end of the day I suspect my reply is academic. Ask the administrator. If you are unhappy/sceptical about their response check heer/with a solicitor/with ACAS/CAB

LittleVoice

HooBoo wrote: »

Hi,
Just hoping that someone can help me with a question about holiday pay once you have been made redundant.
The company i work for was put into administration at the start of Oct. The majority of staff were made redundant on the same day. I and about 10 other members of staff were retained by the administrators to help wind the company up (not fun!)
I need to know how the accrued but unused holidays will be calculated once we have been made redundant.
I have it in my head that it would be:
30 days per year (21 hols plus 9 bank holidays - this is one point you need to check in your written particulars of employment - whether it actually says that all bank holidays are in addition to the 21 days or it says 30 days to include bank holidays) divided by 12 then multiplied by the number of months worked this year - assuming your holiday year is the calendar year rather than, for example, April to March and that your employment ends at the end of a month). Less holidays inc bank holidays already taken.
30/12x11=27.50 to the end of Nov less what i have already taken (11 holidays plus 7 bank holidays) leaves 9.5 to be paid. Also assumes they do not give you notice to take holiday towards the end of the month.
Is this correct or will it be worked out different as its coming from the government? Are you sure the payment of staff wages is going to be "from the Government" and not from the assets of the business?
I would be grateful if someone could clear it up for me
Thanks

..............

LittleVoice

Steve1968 wrote: »

Most commonly contracts are for a certain number of days holiday plus statutory bank holidays, therefore I it would be unusual (but not impossible) if your calc was correct. I'd expect a figure of 21*(11/12)-11 = 8.25 days.

The OP's calculation method is correct - bank holiday entitlement has to be apportioned when someone leaves during the course of a holiday year. They are not ignored.