Annual Leave Entitlement?

barafear799

Hi,

I think I know the answer - but would appreciate some clarification/guidance from some of you knowledgeable guys.

Ok - I am in a job which gives me 32 days AL per year (plus the normal BHs). I am currently working out my notice, as I have another job. My official leaving date is 13th Sept.

My contract (which was signed in 2007) states that annual leave is calculated on "complete months of service" when an employee starts or finishes their employment during the holiday year.

However, we have an employee handbook (electronic) which contains all the HR policies and procedures and within that, there is an Annual Leave policy (last updated in 2010) - and the section which deals with "leaving during the year" makes no mention of "complete months" - simply stating a pro-rata entitlement.

This confusion/dispute with HR is "costing" me a day!!

HR state that my contract is as it is - and even state that there has been a "mistake" in their policy - as it should include the words "complete months of" prior to "service" (when calculating pro rata situations).

I forgot to mention - I work for the Public Sector - the Green Book, which we supposedly follow, also makes no mention of "complete months" - and interesting the new Public Sector employer I am moving to also don't seem to have applied it - in their calculation of what I am entitled to for the remainder of the year.

Do I have a leg to stand on in terms of "carrying on this dispute" over a single day (albeit, it would be paid to me and be worth £100+).


PS: I forgot to mention - I have also seen the guidance on gov.uk - but am aware that this only applies to the statutory minimum AL entitlement of 28 days per year, so I know that my employer can make up their own rules on the days above and beyond that.

Thanks

sangie595

I think you just answered your own question. So I guess it depends on what carrying on the dispute means. It'll cost you more in legal fees than you will get, so court action is out. So do you want to carry on arguing about it despite the fact you will probably not sway them?