Notice given- calculating holiday pay

Tea_biscuits

Advice needed please, not sure how the holiday calculator is working this out or if the company have it wrong?


Point 3.3 of the General conditions of employment states ‘The company’s holiday year runs from 1st April each year. If the Appointment commences or terminates part way through a holiday year, the Employee’s entitlement during that holiday year shall be calculated on a pro-rata basis’




Each employee builds up a holiday entitlement at the rate of 1 5/6ths days per full calendar month worked up to a maximum of 22 working days in one year.


Therefore holiday entitlement for a complete year 2017/18 would be 27 days.


It accrues at a rate of 27/12 = 2.25 days per full calendar month. As you have only worked 6 full calendar months in this holiday entitlement period on the pro-rata basis you are entitled to 13.5 days paid holiday.


Why does the online calculator ask for my leaving date 16th Oct 2017 and say 15.3 days entitlement?




Also they are saying I owe 7.5 days I have used more than I have accrued and are taking this out my final pay...are they allowed to do this? There is nothing in my contract about deductions.


Please advise as I am confused!


Thanks Viki

Comms69

Well that's unlawful. Minimum holiday is 28 days.


You accrue holidays on a daily, or even hourly basis - technically it's every second, but hourly is good enough as wages are calculated hourly.


The online calculator seems to be correct. as it's 6.5 months, which would be approximately 15 days.


Yes if you have taken more than 15 days holiday, they can deduct the difference.

Undervalued

viki61 wrote: »

Advice needed please, not sure how the holiday calculator is working this out or if the company have it wrong?


Point 3.3 of the General conditions of employment states ‘The company’s holiday year runs from 1st April each year. If the Appointment commences or terminates part way through a holiday year, the Employee’s entitlement during that holiday year shall be calculated on a pro-rata basis’




Each employee builds up a holiday entitlement at the rate of 1 5/6ths days per full calendar month worked up to a maximum of 22 working days in one year.


Therefore holiday entitlement for a complete year 2017/18 would be 27 days.


It accrues at a rate of 27/12 = 2.25 days per full calendar month. As you have only worked 6 full calendar months in this holiday entitlement period on the pro-rata basis you are entitled to 13.5 days paid holiday.


Why does the online calculator ask for my leaving date 16th Oct 2017 and say 15.3 days entitlement?




Also they are saying I owe 7.5 days I have used more than I have accrued and are taking this out my final pay...are they allowed to do this? There is nothing in my contract about deductions.


Please advise as I am confused!


Thanks Viki

Yes, if you have taken more holiday than you have accrued they are entitled to recover the excess. There doesn't need to be anything in your contract to permit this.

That said the calculations do sound odd. You are entitled to a minimum of 28 days per year (not 27) assuming you are full time. Bank holidays are irrelevant so all that matters is how many days in total (BH or not) you have been away from work in the 12 months before your resigned (pro rata in your case).

As said above they must calculate this exactly and cannot only count full months.

Comms69

Undervalued wrote: »

Yes, if you have taken more holiday than you have accrued they are entitled to recover the excess. There doesn't need to be anything in your contract to permit this.

That said the calculations do sound odd. You are entitled to a minimum of 28 days per year (not 27) assuming you are full time. Bank holidays are irrelevant so all that matters is how many days in total (BH or not) you have been away from work in the 12 months before your resigned.

Hmm, slightly confused by this? I wouldn't expect it to cross the renewal date?

Tea_biscuits

Comms69 wrote: »

Well that's unlawful. Minimum holiday is 28 days.


You accrue holidays on a daily, or even hourly basis - technically it's every second, but hourly is good enough as wages are calculated hourly.


The online calculator seems to be correct. as it's 6.5 months, which would be approximately 15 days.


Yes if you have taken more than 15 days holiday, they can deduct the difference.

My holiday was 22 days at start plus bank hols I’ve been there and gained an extra day per year so now get 27days

Tea_biscuits

I’ve been told that any deductions made need to have been agreed in writing ( be in the contract) and if they deduct this I have a case of unlawful deduction.

What happens when a worker has taken more leave than their entitlement
on termination of employment?
Regulation 14 (4) of the Working Time Regulations 1998 states that an
employer and worker can draw up a ‘relevant agreement’ (for example, in
the contract of employment) to provide that a worker will compensate the
employer, whether by payment, undertaking additional work or otherwise
if leave already taken is in excess of entitlement when employment ends.
There should be a ‘relevant agreement’ in place; if not, and a deduction of
overpayment is made by the employer from the worker’s final wage payment,
the worker may have the right to submit a claim to an employment tribunal
under Section 13 of the Employment Rights Act 1996 – the right not to suffer
unauthorised deductions.

Tea_biscuits

Comms69 wrote: »

Well that's unlawful. Minimum holiday is 28 days.


You accrue holidays on a daily, or even hourly basis - technically it's every second, but hourly is good enough as wages are calculated hourly.


The online calculator seems to be correct. as it's 6.5 months, which would be approximately 15 days.


Yes if you have taken more than 15 days holiday, they can deduct the difference.

Even if the terms of employment say I build it up at a rate of 1 5/6ths per full calendar month?

Undervalued

viki61 wrote: »

My holiday was 22 days at start plus bank hols I’ve been there and gained an extra day per year so now get 27days

There are eight bank holidays per year, not six. So an extra day would make 31 in total surely? So, pro rata 31.

However, the firm can have its own rules about how any holiday over and above the statutory 28 days are calculated. So you might under some circumstances lose some or all of the extra 3 days (again pro rata).

Undervalued

viki61 wrote: »

Even if the terms of employment say I build it up at a rate of 1 5/6ths per full calendar month?

Yes, as far as the statutory 28 days are concerned. They cannot restrict your legal entitlement to those days. But, as I said above, different rules may apply to any extra days.

Tea_biscuits

Undervalued wrote: »

There are eight bank holidays per year, not six. So an extra day would make 31 in total surely? So, pro rata 31.

However, the firm can have its own rules about how any holiday over and above the statutory 28 days are calculated. So you might under some circumstances lose some or all of the extra 3 days (again pro rata).

Its 27days plus bank holidays

Tea_biscuits

Undervalued wrote: »

Yes, as far as the statutory 28 days are concerned. They cannot restrict your legal entitlement to those days. But, as I said above, different rules may apply to any extra days.

I think I get that I’m struggling to see
How hey say I only have 13.5 days accrued?