Calculating holiday pay.

MrINeedOfHelp

Hi all,

Recently received my last pay from previous employer and after handing and serving my weeks notice I've found I've not been paid for accrued holiday.

After reading my contract it slightly confused me, as in one paragraphit says I get 33 days holiday but categorically does not ever mention either the start or end of any holiday periods.

In the next it states that should employment commence or end part way through holiday year it would be calculated on a pro rata basis.

Also my contract fails to explain at what rate holiday is accrued.

So was hoping someone might be able to help me understand how many holiday days I would have accrued as I've not been paid for them in my final salary.

I started on the 6/3/17 and was there for 11 weeks.

Takeaway_Addict

MrINeedOfHelp wrote: »

Hi all,

Recently received my last pay from previous employer and after handing and serving my weeks notice I've found I've not been paid for accrued holiday.

After reading my contract it slightly confused me, as in one paragraphit says I get 33 days holiday but categorically does not ever mention either the start or end of any holiday periods.

In the next it states that should employment commence or end part way through holiday year it would be calculated on a pro rata basis.

Also my contract fails to explain at what rate holiday is accrued.

So was hoping someone might be able to help me understand how many holiday days I would have accrued as I've not been paid for them in my final salary.

I started on the 6/3/17 and was there for 11 weeks.

How many days holiday did u have during this time?

MrINeedOfHelp

Takeaway_Addict wrote: »

How many days holiday did u have during this time?

Damn, I always seem to miss something. Sorry.

I only used 1 day.

paddyrg

Did you work bank holidays? They're part of the number too.

MrINeedOfHelp

paddyrg wrote: »

Did you work bank holidays? They're part of the number too.

Bank holidays were worked buddy.

Undervalued

Given that you get more holiday than the statutory minimum (33 against 28) it is possible that there may be a clause saying you lose the extra days if they are untaken when you leave.

However, even then you should still have some holiday owing. Statutory (28 days per year) is a fraction over one day for every two weeks worked. So, in eleven weeks you should have accrued at least 5.5 days.

I would ask for a breakdown of their calculations and take it from there.

MrINeedOfHelp

Hi,

Thank you for the help, just wanted to confirm that my contract doesn't state anything about losing days that are intake when leaving the business.

Would this change the amount you worked out (5.5 days)

getmore4less

Are you 5 day worker?


assuming you are

if 33 days includes BH and you worked a full 11 weeks then you are due 33*11/52 =6.98

if they won't pay the full 33 prorata

the working time regulations allows for 28*11/52 = 5.92 days

might be able to make a case for full accrual prorata.

33 days is 6.6weeks so 33*(11/(52-6.6))= 7.99days.
That would need adjusting down for the day taken bit it will only be a tiny amount.

paddedjohn

If you get full accrual prorata you need to multiply your days worked by 14.47%.
If you only get stat min prorata then multiply by 12.07%

getmore4less

paddedjohn wrote: »

If you get full accrual prorata you need to multiply your days worked by 14.47%.
If you only get stat min prorata then multiply by 12.07%

The problem is that is not how the law is written for a leaver.

It is clear that the proportion of the year worked is used, weeks worked/52