Entitlement to unused annual leave payment after resignation

Takeaway_Addict

If you have a chance of a decent reference from this company then maybe not go gun ho like alot of suggestions above....

LittleVoice

z0nk wrote: »

Holiday year is for Jan 1st - Dec 31st and I am entitled to 24 days annual leave. I have used only 5 days of that entitlement.

So I guess if I pro rata it (Jan 1st - Oct 31st), I'm entitled to 15 days annual leave?

24/12 = 2
2 * 10 = 20
20 - 5 days used = 15 days entitlement

Did you work 5 days a week? Did you work on bank holidays or were you paid for them?

z0nk

LittleVoice wrote: »

Did you work 5 days a week? Did you work on bank holidays or were you paid for them?

Yes 5 days a week.

I was paid for bank holidays.

anamenottaken

24 annual leave plus 8 bank holidays = 32 days

So, if you were employed before 1 January:

32/12 * 10 = 26.67 days

bank holidays to date in 2013 = 6
days of ordinary entitlement used = 5

So 26.67 - 6 - 5 = 15.67 days

Employers can round up to whole days but cannot round down.

However, because your employer appeared to pay more than the statutory minimum (28 days a year), they may argue that the extra 4 days are not paid if you do not work a complete year. What does your staff handbook/written particulars of employment say about this?

burnoutbabe

did they stop paying you on 30th then? so no November pay?

Probably just an oversight, the payroll for Oct was already done when you left (so could not be the final one with P45 and holiday pay).

And then in November, you'd "gone" so no one thought to put in a "pay you holidays and do P45". Have you had the P45?

bluetownbarry

Just a thought, call your payroll department to check. Where I work, any leavers are paid outstanding pay first, followed by any outstanding holiday pay on the next pay cycle.


Could be worth checking first before making threats of ETs etc

getmore4less

Because holidays are based on a full year so part year is work and part year is holiday the correct way to do accrued unused holiday(although very few companies do it) is(including BH)

(worked time/(full year - full holidays) ) - holidays taken.



eg. if you work 1/2 a year without taking holiday you are due more than 1/2 your holidays.