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Holiday pay - bit of a con?

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??
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Comments

  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    Part of the Furniture
    How many days holiday were you owed and how many did you get?
    Be Alert..........Britain needs lerts.
  • patman99
    patman99 Posts: 8,532 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Photogenic
    If you work it out it is the same. You are not being conned.
    Never Knowingly Understood.

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  • 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
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • AlecEiffel
    AlecEiffel Posts: 874 Forumite
    edited 30 January 2013 at 10:00PM
    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.
    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
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    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
    hcb42 Posts: 5,962 Forumite
    Yes I would feel conned also, more importantly, the first calc is more accurate
  • Thanks for the replies everyone. Apparently that just the way it is :(
  • lazer
    lazer Posts: 3,402 Forumite
    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?
    Weight loss challenge, lose 15lb in 6 weeks before Christmas.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    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
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    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.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
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