Incorrect holiday entitlement after leaving

theoretica

Legally, they can calculate however they want so long as the answer is at least the statutory minimum of 28 days a year.

21/52 x 28 = 11.3 days holiday - so 7.3 in addition to the 4 days bank holiday. Anything above this may be subject to whatever arbitrary rules your employers please.

specialboy

getmore4less wrote: »

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.

I'm sorry but I think you are wrong, a person can indeed work 52 weeks a year but they would be giving up their holiday entitlement to do so. The min entitlement is 5.6 weeks so only 46.4 weeks work is needed to earn that amount. Another way is to multiply hours/days worked by 12.07%.

sheramber

getmore4less wrote: »

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

didn't say it did. Just gave an explanation of how the number of days could have been arrived at.

In my case it was to my advantage as I had had more bank holidyas off than I would have been entitled to had they been apportioned.

getmore4less

specialboy wrote: »

I'm sorry but I think you are wrong, a person can indeed work 52 weeks a year but they would be giving up their holiday entitlement to do so. The min entitlement is 5.6 weeks so only 46.4 weeks work is needed to earn that amount. Another way is to multiply hours/days worked by 12.07%.

I don't disagree that is one way to calculate holiday and often used for variable hours working.

The working time regulations are clear on the calculation for holiday pay for accrued unused holiday as a proportion of the worked holiday year, unless you have EAT case that supports your assertion it should be based on worked time for all workers.

Substitute 2 jobs of 6 month each if you don't like the year case.


The law is a bit of a mess when it comes to holiday pay, the right is embedded in the Working time regulations but the pay is in the employment act, various case law though EAT have clarified some areas, recently the overtime situation was updated but even that is complex as it does not apply to all overtime.

metronome

Oddly the Government website shows this as 10.9 days so not sure what's going on there either..


https://www.gov.uk/calculate-your-holiday-entitlement/y/days-worked-per-week/leaving/2015-05-22/2015-01-01/5

getmore4less

metronome wrote: »

Oddly the Government website shows this as 10.9 days so not sure what's going on there either..


https://www.gov.uk/calculate-your-holiday-entitlement/y/days-worked-per-week/leaving/2015-05-22/2015-01-01/5

Probably using days not weeks.

1Jan-22 May is 142 days 142/265 is 10.89.

metronome

Just says days per week, instead of weeks per year. So from reading all the above, HR should be using completed weeks, but as they are giving me 5 days extra above the legal minimum, they can do what they want?

xHannahx

They should be using pro rata. Although they only need to calculate based on statutory 28 days. If you haven't worked the bank holidays this is deducted as you having taken leave on those date, 4 bank holidays have passed to date.
Based on statutory your entitled to 6.9 days pay (assuming you didn't work any bank holiday) I'm tempted to say accept anything above this.

metronome

Yeh 6.9 seems about right, 10.9 from gov.uk -4 bank holidays (which I don't have any statutory entitlement to) = 6.9

So if anyone reads this in the future... Get the money and run ^_^

specialboy

You are falling into the pro rata trap of using 52 weeks, you only work 46.4 weeks to earn 5.6 weeks minimum entitlement. The calculation for working it out is time worked multiplied by 12.07% so if you have worked 21 weeks 'minus the four days you have already taken so 20.2 weeks X 12.07% = 2.44 weeks or 12.2 days. (Based on a 5 day week) less the 4 days taken so far leaves you with 8.2 days owed to you at a minimum.