calculation of holiday for someone leaving employment

anamenottaken

I believed that the calculation of holiday entitlement for someone either starting or leaving employment had to be done on a proportional basis for all the time to be worked.
So someone working, for example, for 5 and a half months of a holiday year would receive 5.5/12 of their annual entitlement. (I know there are various ways of looking at holidays such as working days in a month and so on but this is just for the principle.)

A solicitor at work is saying that in the first and last year of employment, the employer can use monthly accrual and insists this can be for completed months of service only. So if someone started on, say, 6 May and left on 19 July they would be entitled to just holiday in respect of their working in June. They say this is included in the Working Time Regs.

Can someone point me to legal proof that all the time (including the May and July part months) should be included in calculating holiday accrued?

getmore4less

kind of

But not for the leaving calculation or total for the part year worked.

The accrual rules apply in the starting year and the accrual is monthly and rounded up.

when they leave the actual time worked should be used to calculate the holiday and any compensation for unpaid.

there is no accrual in the year of leaving(unless it is the first year).

for full context you need to real all the WTR and the later updates
http://www.legislation.gov.uk/uksi/1998/1833/contents/made

the key bits are

13.5. how much you get
13.7 has been abolished in case you think it still applies.

14. how to calculate on leaving.


can't find the accrual stuff will be back and edit in.

what I do remember is the accrual is on the first of the month at 1/12. rounded up

OK found it.

http://www.legislation.gov.uk/uksi/2007/2079/regulation/2/made


need to read in conjuction with the previous regs.

lt me read and digest.

edit 2.
need to add this in as well
http://www.legislation.gov.uk/uksi/2001/3256/regulation/4/made

getmore4less

OK trying to piece together the accrual regs. NOTE these are specificaly related to taking holidays(15) not the total holidays for the actual time worked.


15A.—(1) During the first year of his employment, the amount of leave a worker may take at any time in exercise of his entitlement under regulation 13 is limited to the amount which is deemed to have accrued in his case at that time under paragraph (2), as modified under paragraph (3) in a case where that paragraph applies, less the amount of leave (if any) that he has already taken during that year.

(2) For the purposes of paragraph (1), leave is deemed to accrue over the course of the worker’s first year of employment, at the rate of one-twelfth of the amount specified in regulation 13(1) on the first day of each month of that year.

(2A) Except where paragraph (2) applies, for the purposes of paragraph (1), leave is deemed to accrue over the course of the worker’s first year of employment, at the rate of one-twelfth of the amount specified in regulation 13(1) and regulation 13A(2), subject to the limit contained in regulation 13A(3), on the first day of each month of that year.

(3) Where the amount of leave that has accrued in a particular case includes a fraction of a day other than a half-day, the fraction shall be treated as a half-day if it is less than a half-day and as a whole day if it is more than a half-day.

(4) This regulation does not apply to a worker whose employment began on or before 25th October 2001.”

getmore4less

OK
my basic reading is you are entitled to holiday baaed on the amount of time you work so prorata for short years at start and end.

In the first year an employer can use an accrual method to deterime how much of that holiday you can take at any given time.

the accrual is on the 1st of the month at 1/12 until you get to the allocated holiday.

NOTE this is not FULL months it is if you are working on the 1st you have acrued 1/12...