Holiday Pay Issue

ASE291223

I left my job after 5 years in the middle of November. I gave them plenty of notice and worked my notice as agreed, however when I received my pay for the month I didn't receive my holiday pay even though I had 2 weeks (10 days) holiday remaining. I emailed the HR managed for the company who said that I hadn't accrued those holidays and therefore wouldn't be entitled to be paid for them. I still have my contract and it doesn't mention anything about accruement, only that employees are entitled to 28 days holiday per year. I was a full time employee, working 40 hours per week up until my final week where I worked 32 hours. Do I have any case to take forward here?

Undervalued

If your calculations are correct then yes, they must pay it.

If your holiday year runs 1 Jan to 31 Dec and you left mid November then you are entitled to roughly 25 days holiday, less obviously what you have already taken.

Ask them to provide details of their calculations and double check the figures before rocking the boat too hard.

saajan_12

What period is your holiday calculated over? Eg is it Jan - Dec, or something else? 

You would always only be entitled to the pro rata for the % of the year you have worked from your overall annual allowance. That's effectively accrual, eg if you get 20 days per year and have worked 80% of the year, you've accrued 80% of the holiday ie 16 days. So you'd get paid out for 16 less the days used. 

ASE291223

Undervalued said:

If your calculations are correct then yes, they must pay it.

If your holiday year runs 1 Jan to 31 Dec and you left mid November then you are entitled to roughly 25 days holiday, less obviously what you have already taken.

Ask them to provide details of their calculations and double check the figures before rocking the boat too hard.

our holiday year runs from April-March. would that make a difference? Just feeling a bit scammed since I was assured by my manager I'd receive something since I worked my notice. my manager has also left since so I can't even go back and ask her.

elsien

You need to take off the bank holidays between now and the end March that you won’t be entitled to. Then pro rata the rest because  you will only have worked 2/3 of the holiday year.

EnPointe

ASE291223 said:

Undervalued said:

If your calculations are correct then yes, they must pay it.

If your holiday year runs 1 Jan to 31 Dec and you left mid November then you are entitled to roughly 25 days holiday, less obviously what you have already taken.

Ask them to provide details of their calculations and double check the figures before rocking the boat too hard.

our holiday year runs from April-March. would that make a difference? Just feeling a bit scammed since I was assured by my manager I'd receive something since I worked my notice. my manager has also left since so I can't even go back and ask her.

if the holiday year runs April to  March   and you left in November you are  a bit over  half way through the  leave  year  

depending on the exact  date you finished  you  will have  somewhere between  7 and 8 months worth of  holiday to  either have taken or be paid out on ...

more to the point  you  don't have any entitlement to  at least  4 / 12  of the leave  and  possibly closer to 5/12  if you  finished earlier i nthe month 

Hoenir

ASE291223 said:

 I still have my contract and it doesn't mention anything about accruement, only that employees are entitled to 28 days holiday per year. 

No employer is going to recruit someone. Who then leaves after a month. Only to pay them for 28 days leave. Hence it's only reasonable that paid leave is accrued for complete months worked. 

DE_612183

If April - March and 28 days - you leave end of November - thats 8 months youve worked

28 / 12 *8 = 18 and a half days you're entitles to.

you say you've 2 weeks ( 10 days left ) so you've used 18 days - so you've used all your holiday entitlement apart from a half day.

You probably get as well 8 bank holidays, and you'll have already had 4 of those as well.

I don't think there is anything to pay - unless the 10 days have rolled over from the previous year.

theoretica

28 days holiday a year, left after 7 to 8 months out of the 12.  So entitled to 16.3 to 18.7 days holiday in the portion of that year that you worked.  If the ten days you mention are your remainder until the end of next march it seems pretty near even depending on exactly when you left.  If you have taking into account the months you would not be working in your calculation of being owed days then asking them how they did their calculation is very reasonable.

You, of course, won't get your full annual salary for the part year you have worked - holiday is similar.

General_Grant

elsien said:

You need to take off the bank holidays between now and the end March that you won’t be entitled to. Then pro rata the rest because  you will only have worked 2/3 of the holiday year.

If the OP normally has bank holidays off (not everyone does) then the Christmas and New Year bank holidays would just form part of their total holiday entitlement which should be adjusted for the actual proportion of the year worked.  It would be incorrect to deduct 3 days before calculating the pro rata amount of holiday.

elsien

Aware of that,  and it may be my poor phrasing but I wondered if the OP was including bank holidays that they won’t be entitled to in the 10 days they thought they had left.