Resignation and Holiday Pay

paddedjohn

Undervalued wrote: »

No.

You still "earn" holiday even on the days you are on holiday!

So, your calculation should be 175 x 12.07% to calculate the total entitlement. Then you deduct the holiday already taken to work out how many are left.

So, I make it 21.12 days accrued less however many have been taken.

You are getting confused, you earn holiday on 46.4 weeks work which gives you 5.6 weeks leave, that is where 12.07% comes from, 46.4 weeks worked multiplied by 12.07% gives 5.6 weeks hols.

getmore4less

The rules in the acts for prorata do not allow for the extra holidays accrued on the days you don't take holidays, they work on calendar periods.

laurenmariewiddowson

Many thanks for all your replies so far.

Given the fact that I was given the option to go commission only or resign (I assume if I had refused the commission only and I'd refused to resign they would have 'let me go') do I have a case for constructive dismissal?

NeilCr

laurenmariewiddowson wrote: »

Many thanks for all your replies so far.

Given the fact that I was given the option to go commission only or resign (I assume if I had refused the commission only and I'd refused to resign they would have 'let me go') do I have a case for constructive dismissal?

Normally, you have to be employed for two years to be able to bring a constructive dismissal case. So, as you started in March this year you haven't been there long enough

It's pretty hard to win one one of these, anyway

getmore4less

if you had not agreed to either they would have probably let you go but have to have paid your notice period.

by agreeing to resign with immediate effect you gave up your right to notice.