Accrued holiday pay advice help

rh_nc

Hi everyone,

I'm looking for some advice.

I recently left a job and have been deducted holiday pay. I started work on the 15/02 and finished on the 17/02 November. I have in writing that I was entitled to 17 days holiday pro rata (other than the bank holidays in which the company was closed for) but had to save 2 days for the Christmas period. Therefore I took 15 days holiday exactly in which I worked out as my entitlement for this period worked. I was then told that the company bases the accrued holiday made from complete calendar months worked and therefore I have zero holiday allowance for the whole of February and the whole of November (32 days worked but without holiday).

My contract states that, "The entitlement will accrue proportionately on the basis of the number of complete calendar months during which you have been continuously employed by the Company (fractional entitlement being rounded up to the nearest half day). There will be no entitlement to pay in lieu of holidays taken, although where on termination of your employment, you have taken more or less than your accrued holiday entitlement, a proportionate adjustment may be made to your final salary payment. Entitlement days are calculated on an annual basis, from January to December..."

Am I entitled to the full 15 days I took? And should I pursue this?

jobbingmusician

Hmm.

Holiday accrues for every day you work - it would be illegal for your company to accrue statutory holiday entitlement for only complete months worked. However, if your company gives holiday which is above the stat minimum, I suspect it is legal for them to apply this rule, providing it does not take your holiday below the statutory minimum (for the same period, with BH calculated on a pro rata basis).

(And the 2 days for Christmas is a red herring, as you weren't there to take them. The stat min for a FT worker is 28 days for a full year including BH.)

Were you a full time worker? Your start and finish dates are unclear to me, but assuming these are 15/02 and 17/11, my back of envelope suggests a FT worker is entitled to 21 days (including BH) at least.

General_Grant

But a full-time worker (ie someone working 5 days a week) has a statutory entitlement to 5.6 week (28 days - including bank holidays if they are not worked)

getmore4less

There are a few way to calculate the statutory min, weeks will get close enough initially

Holiday year Jan-Dec looks like they missed 6.4 weeks Jan/Feb and 6 weeks Nov Dec prorara 28*39.6/52= 21.3

We are around 21-21.5 days statutory holiday for the period they worked.

They say they took 15 and they would have taken 5 of the BH making 20.

They are probably a day and a bit short.

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rereading the post I think the OP is saying they got 17 prorata based on full months(8 of them).

Which suggests the full allowance is 25+BH (25*8/12=16.67 rounded to 17)

prorata that properly 33*39.6/52=25.13 days

cr1mson

Question - 17 days pro-rata were you working part-time or is that what you were told you would receive for the 8 months worked?