Holiday entitlement after handing in notice.

michaelsft

Hi all, I recently was offered a new job so am leaving the company I currently work for. Jan 17th is my final day so the simple maths suggested to me that I will have earned more than 1 holiday day in that time (25/year).

I took Jan 2nd off but today have been told that it is company (large high street bank) policy to dock this days wages as I will 'only earn my holidays after I have worked for a full month in the new holiday year' (been at company for about 2.5 years for what it's worth).

Surely this is wrong? Don't you earn holiday from the moment you start? I feel like I'm being had here but sadly I cannot get through to CAB because they are too busy.

Can anyone offer any advice?
Thanks

marlot

First port of call is the staff handbook

Jinx

I don't have a link for this but I have always thought you accrued holiday as you go and not full months.

Certainly I used to work for a global organisation and our HR Manager said all service attracted holidays and I paid it as such when someone resigned.

ETA - found this link on HMRC https://www.gov.uk/calculate-your-holiday-entitlement hope it helps.

Kayalana99

marlot wrote: »

First port of call is the staff handbook

Even if it said it in their, still wouldn't change if its legal or not.

Hopefully you'll get some soild answars soon.

michaelsft

Thanks for the replies so far. I called HR and questioned this and was told 'it's company policy' to which I replied, that doesn't make it right! Was then told 'of course it's right' in a rather condesending tone.

I requested literature to back this up and was told it wasn't in my contract and that it was only available on our holiday booking site - the guy said he would email the link to this to me but an hour later and nothing. I've looked all over the booking site and have seen nothing about this yet.

anamenottaken

michaelsft wrote: »

Hi all, I recently was offered a new job so am leaving the company I currently work for. Jan 17th is my final day so the simple maths suggested to me that I will have earned more than 1 holiday day in that time (25/year).

I took Jan 2nd off but today have been told that it is company (large high street bank) policy to dock this days wages as I will 'only earn my holidays after I have worked for a full month in the new holiday year' (been at company for about 2.5 years for what it's worth).

Surely this is wrong? Don't you earn holiday from the moment you start? I feel like I'm being had here but sadly I cannot get through to CAB because they are too busy.

Can anyone offer any advice?
Thanks

You say you get holiday of 25 days a year. If you work 5 or more days a week then that is not correct - the minimum entitlement would be 28 (and Bank Holidays would be counted). As you work for a bank, I'm guessing you are paid for 8 bank holidays. It sounds as though your actual entitlement in a full year is 33 days (ie 25 + 8).

If your holiday year runs from 1 January to 31 December then you would have earned a smidgin over 2 days of statutory paid leave by 17 January. That takes care of your holidays on 1 and 2 January. Your employer can say you don't accrue holiday over the statutory amount but they can't refuse the statutory holiday accrued.

If, you don't work 5 days a week and those 25 days do include bank holidays, let us know what your contracted hours/days are. Also confirm that the calendar year is your holiday year.

michaelsft

Apologies, I should be more clear. 25 plus Bank Holidays. I work full time, 5 days a week. Holiday year runs from 1 January to 31 December. That being said, if BHs count towards your leave and are not simply just put forward as those specific days off then it would mean I have had 2 days holiday this year and my 17 days of January wouldn't quiet cover it I don't think - though that is not the point my HR are making which is that I haven't earned anything because they work it out only after 1 full month has been completed - which sounds preposterous.

Also, a colleague just emailed me a selection from 'the law society'

Most employment contracts specifically state that holiday accrues proportionately throughout the leave year and that on termination, employees will be entitled to a payment for accrued unused holidays.
In the absence of such provision, there is no automatic presumption that contractual holiday accrues evenly during the leave year.

getmore4less

Holiday year 1jan-31 dec.

Finish date 17Jan holiday accrued 2.6weeks/52 = 0.05 stat min 1.4 days.(0.05*5.6*5)

If you took the 1st and 2nd you owe 0.6 of a day.

anamenottaken

michaelsft wrote: »

Apologies, I should be more clear. 25 plus Bank Holidays. I work full time, 5 days a week. Holiday year runs from 1 January to 31 December.

In that case, they can make their own rules about accrual of the annual additional 5 days (so say you have to work for a full month for instance) but your right to paid leave under the Working Time Directive will accrue from 1 to 17 January. It seems to me that there is nothing to dock.

getmore4less

Another way to do it...

you work 11 days in Jan so are due 12.07% worth of statutory holidays = 1.33 days.

this accounts for the .6*0.1207 = 0.07 days you don't accrue on the 0.6 you owe

michaelsft

Thanks to all for the replies, I think worst case scenario sees me owing .6 of a days wage here, and still not a full day as they are taking off me. No idea what to do about that though.

To be honest, I'm more curious about the legality of saying I must work to the end of the month before being allowed any holiday days at all - it still seems like a con.