Holiday Entitlement for leaving part way through a year

Holidayman1992

I've been with my current employer since 2019.

My current annual leave entitlement is 30 days + Bank Holidays (38 in total). I work full time 5 days a week, 37.5 hours. The annual leave year runs from 01/01/2024 to 31/12/2024.

I'm leaving on the 8th of March 2024 - The HR department has told me I will have accrued 5 days of annual leave by the time I've left which I think is incorrect but finding it hard to find concrete info online on what annual leave calculations should be. 

The way they have worked it out is 30/12*2 = 5 - however, this doesn't take into account the 8 days I will be working in March. 

Can someone point me in the right direction as to how this should be calculated?

Penguin_

I get it to 5.506 days, have you taken any 1/2 days that would reduce it to 5?

I would go with 30 days leave / 365 days * 67 days (i.e. 67 days between 1st Jan & your leave date).

Holidayman1992

thanks for you response, I haven't taken any holiday yet this year - should the bank holidays be included in the breakdown?

NCC1701-A

Holidayman1992 said:

thanks for you response, I haven't taken any holiday yet this year - should the bank holidays be included in the breakdown?

Presumably you've had New Years bank holiday day already off? That would then leave 5 days (rounded up) to take.

amanda1024

I agree with Penguin_'s calculation - but it might also be worth checking whether your workplace has an annual leave policy that describes how this should be calculated.

400ixl

If you actually get the Bank Holidays off as they occur then no you do not include them in any calculations. They are not proportional entitlement per month, they fall when they fall.

Excluding bank holidays, you are contracted to work 252 days per year (253 this year if they really want to get into it) 

You will be working 44 days of the year, so 17.4% of the year
17.4% of 30 days is 5.22 days of holiday entitlement

Does your contract or company holiday policy say that you accrue holidays based on completed whole months. Seen many that do. If that is the case then they are correct. If it is based on days completed then they are short by around 1.5 hours.

Either way you are arguing over less than a couple of hours.

theoretica

My understanding is they need to give you at least the legal minimum - which is 28 days pro rata (including bank holidays) but can have whatever rules they like for holiday above this.  So they need to give you at least 10/52 x 28 days = 5.38 days - but the bank holiday 1st January is included in this, so assuming you were off that day their offer of 5 days is legal.

Undervalued

theoretica said:

My understanding is they need to give you at least the legal minimum - which is 28 days pro rata (including bank holidays) but can have whatever rules they like for holiday above this.  So they need to give you at least 10/52 x 28 days = 5.38 days - but the bank holiday 1st January is included in this, so assuming you were off that day their offer of 5 days is legal.

Exactly this ^^^^^^