Left Job - Holiday Accrual

laurajd28

Hi,

I started a new job on 16th December 2013. The job really wasn't for me and so I left on 7th January 2014.

I've had a letter through today saying that I owe 4 days holiday.


I've taken the following holidays:

• 25th December 2013 (Bank Holiday)
• 26th December 2013 (Bank Holiday)
• 27th December 2013 (to be taken from 2014 entitlement due to starting so late in the year)
• 1st January 2014 (Bank Holiday)

My contract reads the following:
"The Company's holiday year runs from 1st January to 31st December.

Total Annual Leave Entitlement - 25 days pro rata per annum
Annual Leave Accrual Rate - 0.481 days per complete week of employment
Total Bank Holiday Entitlement - 8 days pro rata per annum

As I was employed for 3 weeks, surely it's 3 x 0.481 = 1.443 days (rounded up to 1.5 days as they cannot round down on hol entitlement)

So I calculate it as owing 2.5 days instead of 4.

Would someone mind working this out for me and see if you agree with my logic?!!

Thanks in advance!

paddedjohn

How many days a week did you work? Was the 25 days plus the bank hols so you had 33 days?

laurajd28

Hi,

I worked 5 days per week. Yes, the entitlement was 25 days holiday plus 8 Bank Holidays, total of 33 days per annum.

Thanks!

Laura

Daxx

In our business you only earn holiday on completed months worked. Don't know if this were the same with where you worked

Just re-read the post. Ignore my comments

paddedjohn

Daxx wrote: »

In our business you only earn holiday on completed months worked. Don't know if this were the same with where you worked

Just re-read the post. Ignore my comments

Well your business is breaking the law, you earn holiday for every hour worked.

paddedjohn

You worked 3 weeks and accrue holiday at a rate of 13.78% which equals 2.06 days holiday accrued. You have had 4 days so owe 2 back.

laurajd28

paddedjohn wrote: »

You worked 3 weeks and accrue holiday at a rate of 13.78% which equals 2.06 days holiday accrued. You have had 4 days so owe 2 back.

Brilliant!! Thanks for your help! The company don't seem very sure themselves to be honest. The latest update is that they are getting their legal team to check through the Contract of Employment!

Fingers crossed for a positive outcome!

paddedjohn

Does your contract state 25 days plus all the bank holidays?

Sorry just reread your OP.

laurajd28

It just says:

The Company's holiday year runs from 1st January to 31st December.

Your total entitlement will be calculated as follows:

Total Annual Leave Entitlement - 25 days pro rata per annum
Annual Leave Accrual Rate - 0.481 days per complete week of employment
Total Bank Holiday Entitlement - 8 days pro rata per annum

There are a couple of other paragraphs:
If you were to leave the company part way through the Annual Leave year and there are periods of Annual Leave taken by you but have not yet been accrued, the Company reserves the right to make the appropriate deductions in respect of that overpayment from your final pay.

There is no pro-rata calculation of Public Holidays for employees who leave during the holiday year.

dacouch

laurajd28 wrote: »

Brilliant!! Thanks for your help! The company don't seem very sure themselves to be honest. The latest update is that they are getting their legal team to check through the Contract of Employment!

Fingers crossed for a positive outcome!

Statutory holiday is earned pro rata eg they cannot insist on complete months. Any holiday your employer offers over and above statutory holiday is deemed to be contractural and the employer can apply whatever terms they want to contractural holiday

getmore4less

You did not work 3 weeks as you took a lot of holidays.

statutory holidays accrue based on days worked 46.4 weeks worked accrues 5.6 weeks holidays

16 Dec to 7 Jan how many days did you work(not including the holidays).

multiply by 0.1207 will give you your statutory holiday.