Left Job - Holiday Accrual

getmore4less

laurajd28 wrote: »

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.

If the contract says that they may have shot themselves as it works both ways, they don't prorate so you just get them paid.



The key with contracts is they can say what they like as long as you don't get less than statutory holidays. working over a 3 BH period should men you get those if thtas what the contract says.

then it is the pro rata for the other days.

the statutory calculation would give you less as in above post.
so contractual applies.

paddedjohn

Sorry, after reading getmore4less's post I realise that I have calculated wrongly, you only earn holidays for the days actually worked so instead of 15 x 13.78% it should be 11 days x 13.78% = 1.5 days earned, I would argue that you don't owe anything back as your contract states Bank holidays are part of your allowance.

alexjonsson

My interpretation of what the contract states from what has been quoted is that bank holidays will be paid however long you've been there, and if you leave they will not deduct them from your last salary.

Therefore you have only used one day of annual leave, and having accrued at least 1.5 or 2 (I haven't done the calculation), so technically they owe you payment in lieu of accrued annual leave.

Also, you say that you've had a letter stating that you owe them. However, the contract states that 'the Company reserves the right to make the appropriate deductions in respect of that overpayment from your final pay'.

I don't know where this leaves them regarding the fact that they did not do this before paying you (assuming they thought that a deduction was necessary). I don't know if they have a legal right to demand that you pay them back, or how this would be reflected in your final payslip.

laurajd28

Thanks for everyone's responses - I really appreciate all of the advice.

It's bizarre how clauses in Contracts can be interpreted so differently. I never even considered the clause about no pro-rata calculation for Bank Holidays - I just assumed that it meant that they weren't included in the overall holiday accrual calculation! So glad that I asked for advice on here now!

I've just rang for an update and the legal team are still looking into it.

In terms of pay, I was paid on 23rd December which was for 12 days from my start date to 31st Dec (including 2 Bank Holidays). I was emergency taxed on this so am due a rebate in the next payrun which is due on 25th January.

Pay due ion 25th January should be for 1st Jan (Bank Hol), 2nd and 3rd Jan, and for 3hrs on Mon 6th Jan (as I was sent home sick). The tax rebate should also be included with this.

If they come back and say that they are still taking the 4 days holiday, where do I go from there in terms of taking it further?

Thanks!
Laura