Leaving job in jan but holidays booked.

Saulyuk

Hi I have been lucky enough to get offered a new job back in September. However it has taken till now for my start date to come through (3rd feb 2014). I have had my honey moon booked for months and will be away from 28th December to the 26th of jan.
I handed my notice in last week and finish on the 31st of jan. I have carried over 3 days holiday into jan for my holiday and then I have used 14 days of my 29day + bank holidays entitlement.
Today I received a letter from previous employer stating I have 1 days holiday entitlement for January which I'm guessing will mean I will not get paid for 13 days?
My question is, it was my understanding that holiday entitlement would be calculated by number of days in my case 29 divided by 12 for number of months. So 2.4 days rounded up to 3 days holiday for each month worked, which would be one month in my case. Is this the case should they owe me 3 days for jan?

Thanks in advise!

Takeaway_Addict

Sounds like they are working on the fact that most of the holiday is unpaid so you are not working, not sure on technicalities and legalities but regardless, you cannot assume they will round up, they aren't allowed to round down but they don't have to round up either.

Though, as a side, if its 29 days plus bank holidays this would put you over 3 days anyway surely?

And no, you won't get paid for any holiday taken that won't be earnt.