Pro rata holiday calculation when leaving employment

cats37

I am leaving my current employer in April, my last day will be 14th April. The holiday year runs from 1 may to 30th April. According to my contract I am entitled to 33 days annual leave including bank holidays and upon termination of employment they use a pro rata calculation to work out my entitlement up to my last day. My contract does not explain the method of this pro rata calculation neither our employee handbook.
It's a retail company so the store I work in is open most bank holidays except Christmas day and new year's day.
So they gave me my pro rata entitlement which is 239.5 hours ( full year entitlement is 264 hours). I didn't think it was right as I'm leaving only 16 days before the holiday year is ending and they provided me the breakdown of calculation to explain.

"The holiday calculation is split out over annual leave and bank holidays.

Annual Leave

200 hours (8 hours x 25 days) divided by 365 days (calendar days in the year) multiplied by the number of calendar days to your leave date.

200 / 365 x 349 = 191.23 hours annual leave

Bank Holidays

There are 8 bank holidays in the year. You will have used 6 of those days up to your leave date. Your employment ends before the April bank holidays so you wouldn’t be entitled to those 2.

8 hours x 6 days = 48 hours

Add Annual Leave and Bank Holidays together = 239.23 hours

Rounded up to the nearest half an hour totals 239.5 hours."

Is this right? I couldn't find any text in my contract or the handbook detailing the pro rata calculation. All pro rata calculators use this method? I feel like I'm being robbed of some holiday...:mad:

cats37

I only booked 2 bank holidays as actual holidays, 1st January 2019 and 7th may 2018. Christmas day was my day off and I worked on the other bank holidays.

getmore4less

They should prorata the BH the same as the regular holiday but as you get more than the statutory they can have different rules for other 5.

The way to show this is wrong may be fixed term because they are saying if you did 6 months
Jun to Nov you get 1 BH + 12.5 (which is less than statutory)
Dec to May you get 7 BH +12.5

TELLIT01

239.5 hours from a full year entitlement of 264 is as near as make no difference 11 months entitlement. You need to check you contract / handbook to see how entitlement is calculated when somebody leaves during the year.

cats37

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239.5 hours from a full year entitlement of 264 is as near as make no difference 11 months entitlement. You need to check you contract / handbook to see how entitlement is calculated when somebody leaves during the year.][/QUOTE]

As I said in my original post, my contract and the handbook both says that upon termination of employment the remaining holiday balance is calculated on a pro rata basis. None of them details the breakdown of the calculation. The first time I found out how they calculated when I asked them to provide the breakdown of calculation as I had thought the 239.5 hrs were less than I had calculated.

Giddypip

I know in the NHS if you leave part way through a month that month is not taken into account when calculating annual leave allowance. Other employers may also work on this basis.

cats37

As my original post shows they took into account when i was leaving, they calculated with 349 out of 365 for my annual entitlement. What I'm questioning is why they break down the calculation to bank holidays and annual entitlement when my contract doesn't include such calculation.

Savvy_Sue

Giddypip wrote: »

I know in the NHS if you leave part way through a month that month is not taken into account when calculating annual leave allowance. Other employers may also work on this basis.

I'm fairly sure they'd be wrong to do that: my understanding is that your leave entitlement starts to accrue the minute you start working there, and continues until you leave. The only exception which could be made to that is if you are receiving more than the statutory minimum.

Giddypip

Savvy_Sue wrote: »

I'm fairly sure they'd be wrong to do that: my understanding is that your leave entitlement starts to accrue the minute you start working there and continues until you leave. The only exception which could be made to that is if you are receiving more than the statutory minimum.

The NHS annual leave allowance is more than the statutory minimum. 27 + BH on appointment, 29 + BH after 5 years and 33 + BH after 10 years.