Annual Leave to be paid when an employee leaves

Hi,
I will have to check my wifes contract later, but is there a 'standard' that should be paid when someone leaves a company for annual leave and accrued leave.

My wife has decided to leave/not return to her current employment on 31 March 2024.

She has 20 days accrued for 2023 and would be due 20 days for 2024. So I calculate this to be 25 (20 for 2023 and 5 for 2024, being 20/12*3).

How about Bank Holidays? The staff are paid for Bank Holidays (they all work Monday - Friday, 9-5). There are 7 (I believe for 2024), but only 1 up to 31 March (leaving date). Would she be entitled to 1 day or 7/12*3?

Hope you've understood and any answer on what the standard days that should be paid would be appreciated.

Kind regards,

«1

Comments

  • On-the-coast
    On-the-coast Posts: 381
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    I’d be surprised if a reputable organisation would let someone go for me than a year without either taking holiday or automatically paying out for it. Are you sure she has 20 days accrued from 2023. If it’s a zero hours contract it’s possible it was just paid in lieu?

    what part of the uk are you in (e.g England has 8 bank holidays this year, not 7)

    and beyond the legal minimums for holidays the remaining balances can be calculated differently.  Some companys generously round up (mine would add a whole month if you left on for example 8 April… others might calculate to nearest hour. 
  • DE_612183
    DE_612183 Posts: 1,583
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    I don't think you get paid for banl holidays unless you work them - if you are sick and the period inlcudes abank holiday you may get some time off in lieu...
  • LightFlare
    LightFlare Posts: 373
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    edited 22 January at 10:29AM
    Hi,
    I will have to check my wifes contract later, but is there a 'standard' that should be paid when someone leaves a company for annual leave and accrued leave.

    My wife has decided to leave/not return to her current employment on 31 March 2024.

    She has 20 days accrued for 2023 and would be due 20 days for 2024. So I calculate this to be 25 (20 for 2023 and 5 for 2024, being 20/12*3).

    How about Bank Holidays? The staff are paid for Bank Holidays (they all work Monday - Friday, 9-5). There are 7 (I believe for 2024), but only 1 up to 31 March (leaving date). Would she be entitled to 1 day or 7/12*3?

    Hope you've understood and any answer on what the standard days that should be paid would be appreciated.

    Kind regards,

    would this be following a period of maternity leave ?

    She will/may need to pay back any enhanced maternity pay that she has received if so
  • Puddings
    Puddings Posts: 503
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    Is this a return following a period of maternity leave or similar and that's why the 2023 allowance has not been used? 

    Both ordinary allowance and bank holiday allowance (there is no difference in employment law, minimum holiday entitlement is 28 days per year for a full time employee which can include bank holidays) should be pro rata for part year/part time working and any accrued but untaken leave should be paid on termination of employment. There's more to this but that's the simplest of answers.  
    Really should be doing some work...
  • costalotta
    costalotta Posts: 8
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    Many thanks for your answers.
    Yes, i should have added, this is after a period of maternity leave and has now decided not to return to work.
    Last day has been agreed on, which is 31 March 2024.

    Thank you.
  • penners324
    penners324 Posts: 2,571
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    Was she paid the bank holidays in 2023?

    2024 can be done in 1 of a couple ways.

    20/12 * 3 = 5

    Or 

    28/12 * 3 -1 = 6
  • General_Grant
    General_Grant Posts: 4,744
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    If she would normally work 5 days a week then the minimum holiday entitlement for a year (whatever the end of year date) would be 28 days.  It sounds as though the employer lists them separately but when it would come to paying at the end of employment then they need to base it on 28 days, deducting any that have been paid.
  • General_Grant
    General_Grant Posts: 4,744
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    DE_612183 said:
    I don't think you get paid for banl holidays unless you work them - if you are sick and the period inlcudes abank holiday you may get some time off in lieu...
    People are paid for bank holidays if they form part of their holiday entitlement.
  • Savvy_Sue
    Savvy_Sue Posts: 45,798
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    How about Bank Holidays? The staff are paid for Bank Holidays (they all work Monday - Friday, 9-5). There are 7 (I believe for 2024), but only 1 up to 31 March (leaving date). Would she be entitled to 1 day or 7/12*3?
    Surely there are 3 BHs before 31st March:
    New Year's Day
    Good Friday
    Easter Monday

    I don't know if that affects your calculations. 
    Signature removed for peace of mind
  • LightFlare
    LightFlare Posts: 373
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    It will also depend on when her holiday allowance is applied from.

    Is it 1 Jan to 1 Jan
    1 April to 1 April

    or some other dates ?

    This may affect the number of BHs to be considered
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