Annual leave calculation

kitkatt1982

Hi, asking for advice on holiday pay entitlement for my sister. She started a new job on the 8th July. Unfortunately it’s not going well and she’s secured another job to start on 26th September, so will be handing in her notice on Monday (required to give one weeks’ notice). The company have a policy that employees can’t take leave within the first 3 months of employment but still accrue it, so we’re trying to work out what she should get paid in lieu when she leaves if anyone can help please? 

She is contracted to work 37.5 hours a week but due to the nature of her job has been working an average of 10.25 hours a day (after 45 mins break deduction). Her contract states she’s entitled to 8.5hrs a day leave which is odd as this neither breaks down to her contracted hours nor her actual hours. 

Her entitlement to leave is worded as ‘you are entitled to 28 days holiday per year, including bank and public holidays’. 

So my questions are as follows: 

Should her basic annual leave be calculated on her actual hours worked (10.25 hrs per day), her contracted hours (7.5hrs per day), or her given annual leave entitlement (8.5hrs per day)? 

With the additional leave for bank and public holidays - will the ten days bank holidays this year (due to the Jubilee and Queen’s funeral) be pro-rata’d and split over the year so she’d get 0.19 days per week worked? Or would the full days’ allowance be added at the point it’s taken? The company shuts during bank holidays so she had to lose a days’ pay for the August bank holiday and will again on the 19th. In this situation should the full days’ pay be reimbursed as it would for someone outside of their 3 month probation period?

Thanks for any help! I’m usually pretty good at working these things out but am a bit stumped 😫

Baled

I think if you keep it simple and go by the contract wording - entitlement is 28 days per year at 8.5 hrs per day.

She won't get anything additional for extra bank holidays as the wording says 28 days including bank holidays.

kitkatt1982

Thanks, I just realised that. My own contract is 25 days plus bank hols, so didn’t think about it being different for those where they’re included in the stat minimum. 

However, I do know that holiday pay is supposed to be calculated on average earnings. As she’ll be needing to recoup another days’ lost earnings with the bank holiday, wanted to see whether there was a great deal of take home difference between the 8.5hrs set amount and her average and equates to £134 difference so probably worth her raising it if they don’t pay it automatically. 

General_Grant

kitkatt1982 said:

Hi, asking for advice on holiday pay entitlement for my sister. She started a new job on the 8th July. Unfortunately it’s not going well and she’s secured another job to start on 26th September, so will be handing in her notice on Monday (required to give one weeks’ notice). The company have a policy that employees can’t take leave within the first 3 months of employment but still accrue it, so we’re trying to work out what she should get paid in lieu when she leaves if anyone can help please? 

She is contracted to work 37.5 hours a week but due to the nature of her job has been working an average of 10.25 hours a day (after 45 mins break deduction). Her contract states she’s entitled to 8.5hrs a day leave which is odd as this neither breaks down to her contracted hours nor her actual hours. 

Her entitlement to leave is worded as ‘you are entitled to 28 days holiday per year, including bank and public holidays’. 

So my questions are as follows: 

Should her basic annual leave be calculated on her actual hours worked (10.25 hrs per day), her contracted hours (7.5hrs per day), or her given annual leave entitlement (8.5hrs per day)? 

With the additional leave for bank and public holidays - will the ten days bank holidays this year (due to the Jubilee and Queen’s funeral) be pro-rata’d and split over the year so she’d get 0.19 days per week worked? Or would the full days’ allowance be added at the point it’s taken? The company shuts during bank holidays so she had to lose a days’ pay for the August bank holiday and will again on the 19th. In this situation should the full days’ pay be reimbursed as it would for someone outside of their 3 month probation period?

Thanks for any help! I’m usually pretty good at working these things out but am a bit stumped 😫

So she'll be giving 1 week and 6 days notice?  (I.e. 13 September to 25 September is 13 days as the first Monday won't count however early she hands in her notice.)  

Depending on how bad "not going well" is, might the employer want to dispense with her services earlier?

Own_Worst_Enermy

Sorry to be pedantic but the 8th July starting? is that correct as it was a Friday I mean I've heard of a Tuesday start before the double bank holiday jubilee (which my ex. employer got around not paying declaring I was on payroll from June 6th and that I was on an unpaid trial from Tuesday 31st May till the 6th June) but I've not really heard of a Friday start before. (Unless a pub or shop type job maybe, perhaps)

Undervalued

kitkatt1982 said:

Hi, asking for advice on holiday pay entitlement for my sister. She started a new job on the 8th July. Unfortunately it’s not going well and she’s secured another job to start on 26th September, so will be handing in her notice on Monday (required to give one weeks’ notice). The company have a policy that employees can’t take leave within the first 3 months of employment but still accrue it, so we’re trying to work out what she should get paid in lieu when she leaves if anyone can help please? 

She is contracted to work 37.5 hours a week but due to the nature of her job has been working an average of 10.25 hours a day (after 45 mins break deduction). Her contract states she’s entitled to 8.5hrs a day leave which is odd as this neither breaks down to her contracted hours nor her actual hours. 

Her entitlement to leave is worded as ‘you are entitled to 28 days holiday per year, including bank and public holidays’. 

So my questions are as follows: 

Should her basic annual leave be calculated on her actual hours worked (10.25 hrs per day), her contracted hours (7.5hrs per day), or her given annual leave entitlement (8.5hrs per day)? 

With the additional leave for bank and public holidays - will the ten days bank holidays this year (due to the Jubilee and Queen’s funeral) be pro-rata’d and split over the year so she’d get 0.19 days per week worked? Or would the full days’ allowance be added at the point it’s taken? The company shuts during bank holidays so she had to lose a days’ pay for the August bank holiday and will again on the 19th. In this situation should the full days’ pay be reimbursed as it would for someone outside of their 3 month probation period?

Thanks for any help! I’m usually pretty good at working these things out but am a bit stumped 😫

Most of this paragraph is irrelevant. 

She gets 28 days holiday per year (the statutory minimum). So in ten weeks employment she will have accrued roughly five days.

The firm are under no obligation to give her the two extra bank holidays as additional paid leave. They might, but as it is "not going well" they probably won't!

The firm can totally dictate when she can and cannot take holiday (subject to having to give fairly minimal amounts of notice) so they exercised that right by closing on the August bank holiday and may well do the same next Monday.

The can, and almost certainly will, make her take any remaining holiday during her notice period.