Incorrect holiday entitlement after leaving

metronome

Hi, I have resigned from my company and I haven't taken a single day of annual leave from this year (as I used up 5 rolled over from last year)

My leave is 33 days 25 + 8 Bank holidays, and I will have completed 21 full weeks service on my final day. (my leave year is from 1st Jan). I am full time worker, mon-fri, 5 days a week, 9-5pm

This equates to 13.33 days annual leave.. However as we already have had 4 bank holidays this year (which I was not working during) do I take off the 4 bank holidays so am I actually only entitled to 9.33 days leave?

Any help would be greatly appreciated :-)

getmore4less

yes.......

TBagpuss

If you get 33 days + bank holidays then you don't have to take the bank holidays off your entitlement.

If they contract effectively pro-rata's the bank holidays as well as your normal leave then you would be entitled to 3.2 bank holidays relating to the 21 weeks you have worked, so your total entitlement for 21 weeks would be 13.33 + 3.23 = 16.56, less the 4 bank holidays you have had, leaving 12.56 days.


What is your employer saying you are entitled to?

metronome

TBagpuss wrote: »

If you get 33 days + bank holidays then you don't have to take the bank holidays off your entitlement.

If they contract effectively pro-rata's the bank holidays as well as your normal leave then you would be entitled to 3.2 bank holidays relating to the 21 weeks you have worked, so your total entitlement for 21 weeks would be 13.33 + 3.23 = 16.56, less the 4 bank holidays you have had, leaving 12.56 days.


What is your employer saying you are entitled to?

No, my leave is 25 days with bank holidays on top so 33 days in total..

Also my HR have said they will only calculate it on whole months and as I haven't worked the whole of May I don't accrue any holiday.. and say I only get 8.5 days. This does not seem legal to me as I can find any basis for "whole months accrual" only, instead of "whole weeks"

specialboy

You accrue holiday for every single hour worked let alone month, tell them to recalculate

getmore4less

As long as it is in the contract and the calculation results in holiday that exceeds the statutory minimum holidays for the time worked then they can do it that way.

21/52 * 28 = 11.31 less the 4 taken would leave 7.31.

specialboy

getmore4less wrote: »

As long as it is in the contract and the calculation results in holiday that exceeds the statutory minimum holidays for the time worked then they can do it that way.

21/52 * 28 = 11.31 less the 4 taken would leave 7.31.

It wouldn't be 21/52, it would be 21/46.4 as that's how many weeks are worked to earn the min entitlement.

General_Grant

specialboy wrote: »

You accrue holiday for every single hour worked let alone month, tell them to recalculate

I think the exception is that if the employer offers more than statutory they can set "whole month" rules in respect of the above statutory amount but not, of course, the statutory entitlement.

getmore4less

specialboy wrote: »

It wouldn't be 21/52, it would be 21/46.4 as that's how many weeks are worked to earn the min entitlement.

Pretty much impossible to get that one to stick for a full time fixed hours employees.

As was pointed out in a previous thread the working time regulations do not allow for that calculation on holidays and use proportion of the year. (14.3.b)

http://www.legislation.gov.uk/uksi/1998/1833/regulation/14/made

An employee could work 52 weeks taking no holiday leaving on the last day of the holiday year and they will get their 5.6 weeks paid not the 6.3 that calc gives.

sheramber

My employer didnlt apportion Bank Holidays when you left. What you had had you had had whether 1, 4 or 8.
They were not included on calculating holiday entitlement.

So , in your case counting 4 months holidays due that would 1/3 of 25 days rounded up to 8.5 days.

Bank holidays are disregarded.

getmore4less

sheramber wrote: »

My employer didnlt apportion Bank Holidays when you left. What you had had you had had whether 1, 4 or 8.
They were not included on calculating holiday entitlement.

So , in your case counting 4 months holidays due that would 1/3 of 25 days rounded up to 8.5 days.

Bank holidays are disregarded.

Just because YOUR employer does it that way doesn ot make it right.