Help calculating holiday owed if friend leaves their job

RockPaperScissors

Hi all,

I realise this is often a simple calculation but (possibly because I am sleep deprived due to a teething toddler) my brain just doesn't want to function today! I'm hoping one of you lovely lot can help out.

My friend is working for a company on a 9 month maternity cover contract but would like to hand his notice in. I have left (I believe) all details of terms etc. below. If he were to hand notice next week, how many days holiday would he owe them? (We believe he will owe them as he's taken as much as possible in the time he's been there due to being unhappy!)

Contract Start Date: 9th May 2015
Contract Term: 9 Months (mat cover)
Holiday Allowance: 25 days (annual - so is prorated)
Notice Period: 2 months
Taken Already: 4 days
Booked to Take: 11 Days (ending 11th Oct)

So if he handed his notice in on Wednesday 17th for example, he would have taken the 11 days holiday on top of the already taken 4 within the (just over) 6 months that he had been at the company.

How much would he owe back? Looking on the gov calculator is says entitlement would be 12.1 days approx - so he would owe 3 back - is that correct?

THANK YOU in advance for helping my brain today!

Undervalued

RockPaperScissors wrote: »

Hi all,

I realise this is often a simple calculation but (possibly because I am sleep deprived due to a teething toddler) my brain just doesn't want to function today! I'm hoping one of you lovely lot can help out.

My friend is working for a company on a 9 month maternity cover contract but would like to hand his notice in. I have left (I believe) all details of terms etc. below. If he were to hand notice next week, how many days holiday would he owe them? (We believe he will owe them as he's taken as much as possible in the time he's been there due to being unhappy!)

Contract Start Date: 9th May 2015
Contract Term: 9 Months (mat cover)
Holiday Allowance: 25 days (annual - so is prorated)
Notice Period: 2 months
Taken Already: 4 days
Booked to Take: 11 Days (ending 11th Oct)

So if he handed his notice in on Wednesday 17th for example, he would have taken the 11 days holiday on top of the already taken 4 within the (just over) 6 months that he had been at the company.

How much would he owe back? Looking on the gov calculator is says entitlement would be 12.1 days approx - so he would owe 3 back - is that correct?

THANK YOU in advance for helping my brain today!

Assuming he is full time 25 days is less than the statutory minimum. So I assume you mean he gets 25 days plus the 8 bank holidays making 33 in total?

If he will have worked exactly 9 months then his total entitlement is 24.75. They may round that up to 25 or calculate it exactly. They cannot round it down.

So how many days will he have taken in total including bank holidays? If more than 24.75 he owes them some money.

If less they can either opt to pay him for the untaken days after he leaves or insist he takes them during his notice period as they please.

RockPaperScissors

Hi,

Apologies, yes it's 25 + 8 days bank holidays.

So between May 9th and October there would have been two bank holidays and he would have taken 4 days and still to take 11 (so 15 from his 25 day allowance and 2 bank holidays).

He will have worked a couple of days over 6 months.

Thanks

Undervalued

There is nothing special about bank holidays in employment law.

He gets 33 days per year but the employer insists (as is their right) that he takes eight of those days on the bank holidays.

What matters is how many days in total he has taken. As I said before if he works for exactly nine months then he is entitled to 24.75 (probably treated as 25) days holiday in total.

How many days (bank holidays or not) has he taken so far during his employment? Deduct that from 25 and that is what he has left.

RockPaperScissors

He will have taken 15 by the time he leaves. (There for 6 months.)

So that would leave him with 10 IF he were staying 12 months. He is handing his notice in. We are just trying to work out how many days holiday he will have to pay the company back for.

getmore4less

Why is he still there if it started May 2015 for 9 months?


Check the contract carefully for holidays during notice(some have specific terms)
they still have the option cancel the holiday that is booked
25+8 for 6months will be close to 33/2 -4 -2 -11 if they get them all -0.5

theoretica

9 May to 18 Oct is 5 1/3 months.

33/12 x 5 1/3 = 14.67 days due.

He has taken 6 (inc 2 BH) and has 11 booked = 17 so will owe about 2 back.

However, once he hands his leave in he may find that the employer wants to negotiate on the notice period and have him leave sooner, or will cancel the holiday booked. So far as I am aware, the employer has no legal need to let him take more holiday than he will in fact accumulate.