Leaving date from current employment

Bally48

I handed in my notice to my employers on 6th March and my contract states 1 month notice.  6th April is a Saturday, so I'm assuming my leaving date is Friday 5th April.  However I have asked to finish earlier by using the remaining holidays I am entitled to.  I have 29 days annual holiday and some bank holidays which include the Easter holidays Friday 29 March and 1 April.  From searching online I think I am entitled to 7.25 days holiday and I've already had 2 days, so 5.25 days still to take.  Counting back from Friday 5th April and including the 2 bank holidays I reckon my last working day should be Wednesday 27th March.   Can anyone help to confirm this?
  
Also, I will receive my March salary on 26 March but am I entitled to be paid for the first week in April 1 - 5 April even though I will hopefully be leaving on 27 March.  

I haven't heard a thing from HR since I handed in my notice and am expecting them to be awkward given I am leaving, so just wanted to clarify the above before I chase them up.  

Many thanks.  

Brie

I would say your last day of employment is 6th April whether you take the holidays or not.  Assuming your holiday year is based on the calendar rather than tax year then holidays will be annual entitlement+ bank holidays/4 as the 6 days in April will be ignored.  29+8=37 /4=9.25 - 2 days taken= 7.25 hols to take so leave early on the 27th.

TELLIT01

You cannot dictate to the employer that you will use your outstanding holidays.  That is their decision to make.  They may decide they need you there for the full period; they may decide they want you take all your leave, or anything in between.

General_Grant

If  they received your one month's notice on 6 March your last day of employment would be 6 April.  (The one month would run 7 March to 6 April inclusive.)

You would be entitled to receive the pay for 1 to 6 April on whatever date you would normally receive your April pay.

When you say "and some bank holidays" how many bank holidays are you talking about?  So what exactly does your contract/written particulars say about bank holidays?

Bally48

Thanks for all replies.  Re it being employer's decision to make whether I can use holiday entitlement to leave early - if my employers decide they want me to work to 6 April or closer to 6 April, I take it they would have to compensate me for lost holiday entitlement?  Re "and some bank holidays", I get Easter Friday & Monday, May Day, 2 days at  Christmas and 2 New Year.  I couldn't find anything in my contract about bank holidays but will double check it.  So should I add all bank holiday entitlement to the 29 days when calculating remaining holiday entitlement? Thanks again. 

General_Grant

Bally48 said:

Thanks for all replies.  Re it being employer's decision to make whether I can use holiday entitlement to leave early - if my employers decide they want me to work to 6 April or closer to 6 April, I take it they would have to compensate me for lost holiday entitlement?  Re "and some bank holidays", I get Easter Friday & Monday, May Day, 2 days at  Christmas and 2 New Year.  I couldn't find anything in my contract about bank holidays but will double check it.  So should I add all bank holiday entitlement to the 29 days when calculating remaining holiday entitlement? Thanks again. 

The compensation for holidays accrued but not taken would be in your final pay.

You mention 2 at New Year so I'm guessing the employer is based in Scotland as England has only one bank holiday for New Year.  Bank holidays for England also include the late May bank holiday and the one in August.  If there's nothing in your contract which mentions bank holidays are you really sure that the bank holidays you mention are actually in addition to the 29 annual holidays you mention?  I ask because statutory holiday entitlement would amount to 28 days for someone working 5 or more days a week in England.  That can include bank holidays.  So if you do get an extra day at New Year that could account for the 29 you mention.  Does the holiday year run from 1 January to 31 December?  (Some companies have different holiday years - such as 1 April to 31 March.)

Savvy_Sue

Depending on how your contract is worded, you're either entitled to the bank holidays for which you're employed, OR the pro rata allowance. 

To keep it simple, if your leave year starts in January and you're leaving on 31st March, you either have NYD and Good Friday as BHs, OR 1/4 of the 8 BHs, which in this case amounts to the same.

Obviously in your case it's a bit more than 1/4 because your notice period ends in April, but you don't get ALL the 8 BHs added to your outstanding leave entitlement. And assuming you've already taken NYD, it's only Good Friday and Easter Monday in the equation.

What does your contract say about BHs? We added them to your entitlement, then divided that total by the length of your employment. 

And yes, if not taken, you must be paid for leave you're owed, so it's a reasonable question to HR: "can I leave on this date and take my outstanding leave, or will you pay me for it?"

Bally48

My holiday year runs from January, I have 29 days annual holiday due to long service and 8 bank holidays (new year 2, good Friday, easter Monday, may day, spring bank hol, xmas x 2).  So 29 + 8 = 37 / 4 = 9.25 less 2 days holiday taken = 7.25 less 2 new year holidays = 5.25 still to take.  Sorry can’t locate my up to date contract at the moment to find out if I should be adding the bank holidays to the calculation as mentioned above.  I think the best I can hope for is a finish date of 28 March.  Thanks to everybody who replied it's been really helpful and I will post again when I get a leaving date from my employers.  

General_Grant

Bally48 said:

My holiday year runs from January, I have 29 days annual holiday due to long service and 8 bank holidays (new year 2, good Friday, easter Monday, may day, spring bank hol, xmas x 2).  So 29 + 8 = 37 / 4 = 9.25 less 2 days holiday taken = 7.25 less 2 new year holidays = 5.25 still to take.  Sorry can’t locate my up to date contract at the moment to find out if I should be adding the bank holidays to the calculation as mentioned above.  I think the best I can hope for is a finish date of 28 March.  Thanks to everybody who replied it's been really helpful and I will post again when I get a leaving date from my employers.  

So you don't get the August Bank Holiday and you have had four days holiday.
The method you have used, leading to 5.25 accrued but not yet taken up to the end of March, is one way of calculating what would be due.

I don't think we can add further useful comment until there is more information available.

Bally48

Thanks very much to all for your input.  I have chased my HR dept and await their response.