Holiday pay - bit of a con?

AlecEiffel

I recently left my employer on voluntary redundancy.

I have just received my payment in lieu of untaken holiday and it's a fair bit less than I thought it would be.

I assumed (yes yes I know) that I would get......

salary / 52 weeks / 5 days per week x unused day's holiday

I got.......

salary / 365 x unused day's holiday

Which sounds like a con. Although salaried I worked and was paid for mon-fri. I couldn't (and would't want to) take holiday on a sat or sun. If I worked a sat or sun I'd be paid overtime.

So why the disparity? Is it normal??

paddedjohn

How many days holiday were you owed and how many did you get?

patman99

If you work it out it is the same. You are not being conned.

Takeaway_Addict

patman99 wrote: »

If you work it out it is the same. You are not being conned.

No its not, the first is salary divisable by 260 the second is 365. I would think that the OP is correct and their first calculation should be the one used

AlecEiffel

paddedjohn wrote: »

How many days holiday were you owed and how many did you get?

I applied for 10, and got 10. But they calculated the per day figure differently, meaning I lost out.

Takeaway_Addict wrote: »

No its not, the first is salary divisable by 260 the second is 365. I would think that the OP is correct and their first calculation should be the one used

Yep exactly.

getmore4less

Tell them they got it wrong and ask for the money.

if you work 5 days then 10 days is 2 weeks holiday.

if they disagree take it further

hcb42

Yes I would feel conned also, more importantly, the first calc is more accurate

AlecEiffel

Thanks for the replies everyone. Apparently that just the way it is

lazer

AlecEiffel wrote: »

Thanks for the replies everyone. Apparently that just the way it is

I don't think they can do that

you have a legal right to 5.6 days holiday per year, which AFAIK and holidays not taken when you leave have to be paid.

Are you a member of a union?

getmore4less

AlecEiffel wrote: »

Thanks for the replies everyone. Apparently that just the way it is

why, illegal deduction of wages not paying for the holiday correctly.

zzzLazyDaisy

Does this help?

http://www.xperthr.co.uk/article/25980/holiday-pay--calculation-of-holiday-pay-on-termination-based-on-+quotworking-days+quot.aspx

The leisure leagues case which confirms that the correct division is by working days, not calendar days.

I can't guarantee that there haven't been any further developments as I haven't done any in depth research, just a quick flick through, but it does post date an earlier case that went the other way.