How do I calculate holiday time due in a notice period?

Proofraider

I get 30 days' holiday per year (plus bank holidays, which I assume don't count in this question). I will be handing in my notice soon, probably before the end of September. My notice period is 3 months. How do I work out how much holiday I can still take during that 3 months?

Takeaway_Addict

Proofraider wrote: »

I get 30 days' holiday per year (plus bank holidays, which I assume don't count in this question). I will be handing in my notice soon, probably before the end of September. My notice period is 3 months. How do I work out how much holiday I can still take during that 3 months?

BH's do count unless contractually (unlikely) the employer says they don't once notice is given (and this only applies for employees who will not be taken under the statutory minimum for a year).

its 38 days holiday/total working days in a year* total holidays worked by the end of notice.

Then minus however many holidays and bank holidays you have already taken and that gives you the holiday days left until your end of notice.

It cannot be rounded down but can be rounded up.

Proofraider

Interesting - I've just been advised elsewhere that because I'm giving my notice in at the end of September, my notice period takes me to the end of December, so in effect I'll have worked a complete year by the end of my notice and therefore will still be entitled to any remaining holiday that I have outstanding for the holiday year. Given that I've only taken 12 days so far in 2015, that means I'll have 18 days to use by the end of the year. Does this sound right to anyone??

Takeaway_Addict

Proofraider wrote: »

Interesting - I've just been advised elsewhere that because I'm giving my notice in at the end of September, my notice period takes me to the end of December, so in effect I'll have worked a complete year by the end of my notice and therefore will still be entitled to any remaining holiday that I have outstanding for the holiday year. Given that I've only taken 12 days so far in 2015, that means I'll have 18 days to use by the end of the year. Does this sound right to anyone??

That is correct plus the normal BH's that are left. However, as soon as you give notice the employer could choose to pay you them when you leave rather than let you take them.

specialboy

Takeaway_Addict wrote: »

That is correct plus the normal BH's that are left. However, as soon as you give notice the employer could choose to pay you them when you leave rather than let you take them.

Even if the OP is leaving after a full year? Surely the employer must give the employee the opportunity to take their leave during the leave year.

t0rt0ise

No, they can refuse them to take leave during notice and pay it instead.

Takeaway_Addict

specialboy wrote: »

Even if the OP is leaving after a full year? Surely the employer must give the employee the opportunity to take their leave during the leave year.

Interesting point.

I would expect they could argue that the OP had the previous 9 months to take the holiday so had their 'chance'.

specialboy

Yes but the OP now has 3 months to take the leave owed to them and a reasonable request can't be refused. Then there's the small matter of being forced to work 18 days more than other employees but not earning any extra holiday for it,

t0rt0ise

They'll be paid for the holiday if they aren't allowed to take it. As there's three months notice period the employer may allow them to take it. Have they asked?

getmore4less

Depends on the holiday year, the final date of employment and anything contractual(legal ones*) that modify the statutory rules.

If your final day is in the new holiday year and the current contract does not allow for carry over then taking them should be an option.

Notice should not change any holiday accrual.


* holidays have quite a few areas where the contract can deviate from statutory rules around taking them can be modified by contract. .