Holiday Entitlement After Resigning

Kippy-Ken

Hi All,

I have resigned from my job and my employer is being difficult about what holiday I have remaining.

I have 20 days holiday + 8 bank holidays a year as standard. (My contract states 28 days holiday inclusive of Bank Holidays.)

I have an additional 3 days holiday for length of service.
I carried over 10 days from last year.
I was on Shared Parental Leave over Christmas and have an additional 2 days in lieu of the Christmas and Boxing Day Bank Holidays.
I have taken 25 days holiday.

I am leaving on the 27th February and our holiday year starts from 1st April.

How many days holiday should I be entitled to?

Thanks in advance.

K

Undervalued

Nobody can give you an exact answer to that as we don't know what terms and conditions may be attached to any holiday over and above the statutory minimum (28).

You cannot lose your statutory holiday so you must be either required to take it before you leave or, if the employer prefers, paid for it after you have gone. Their choice.

However any extra entitlement may have conditions attached and it could be that you lose that.

getmore4less

lets break it down.

start with taken
Assume the 10 days cary over are use first
Assume the 25 taken include only the BH taken
leaves taken 15.

Holiday year 1 April end March.

There are a few ways to do this first bit I will go with complete weeks it will probably be close enough
your pro rata year is 47 weeks out of 52 (5 weeks from 27 Feb to 1 April

0.904.


Statutory 28 days are your standard allowance.
3 days service.

Ignore the 2 xmas BH as you did not take them and not included in the above 25 taken holidays.

total 31 for the year
prorata 28.024. less 15 taken

13.024


How many do you think you are due?
How many does the employer think you are due?

Show the working out not just a number.

Kippy-Ken

Interesting. I was thinking 8, my employer is saying 7.


Me.

Total Holiday 2016-2017 = 20 (standard) + 3 (length of service) + 10 (carried over) + 2 (in Lieu Of Bank Holidays) = 35

Normal 2016-2017 Holiday = 20 (standard) + 3 (length of service) =23

23/12 = 1.91666

1.91666 x 11(months) = 21

21 + 10 (carried over) + 2 (in Lieu Of Bank Holidays) = 33

Holiday Taken = 25

So 8 left to take.

Employer

Holiday 2016-2017 = 20 (standard) + 3 (length of service) + 10 (carried over) + 2 (in lieu of Bank Holidays)


35/12 = 2.92

2.92 x 11 (months) = 32

So 7 left to take.

Darksparkle

Does your bank holiday entitlement run on the calendar year or the same as annual leave year?

My bank holidays are per calendar year but my annual leave is when I started so would need separate calculations.

Kippy-Ken

It's the same as the calendar year.

Darksparkle

Kippy-Ken wrote: »

It's the same as the calendar year.

So wouldn't you need to calculate your BH and AL separately?

Did you take the new year bank holiday?

AL Entitlement for 01/04/16-27/02/17 = 20.98 + 10 Days CF = 30.98 less AL used.

BH entitlement for 01/01/17-27/02/17 = 1.27 + 2 Days CF = 3.27 less BH used.

Kippy-Ken

Doh! Sorry Darksparkle!

Meant same as my annual leave year!

getmore4less

There is an issue with seperating the BH year from the normal year because the law says 5.6 weeks(28 days) in the holiday year.

getmore4less

lets look at a couple of things.

Does your 25 taken include any BH or not?
that will change my calculation.

The employer is prorata the 10 days carry over that is wrong.


Include the BH in the allowance(to prorata) and in the taken.


far better to use the carry over first to separate them from this holiday years calculation

Darksparkle

Kippy-Ken wrote: »

Doh! Sorry Darksparkle!

Meant same as my annual leave year!

So are all the other bank holidays since April 2016 (apart from the two xmas) included in the 25 days holiday?

I think both you and your employers calculations could be wronf because they have included your carried forward annual leave when pro-rata but you haven't included bank holidays when pro-rata