The Final Insult

Phirefly

Some of you may be aware of the ongoing drama of me leaving my full time employment to go full-time freelance.

Well My directors who I report directly to came back from holiday this week, after I'd handed in my notice last week in their absence. None of them have said ONE WORD to me. Not a huge surprise, they have no people skills.

I am entitled to 25 holiday days a year on top of bank holidays comprising 20 days' annual leave and 5 floating days. I calculated that if I gave my contracted 3 weeks' notice on the 11th February, I would be entitled to 25/52 x 9 = 4 holiday days. I opted to take these as holiday at the end of my notice and leave on the 25th February, with full pay up to the 29th February.

I've just been informed by the accountant that she has been instructed to only honour 2 holiday days. Their argument is my floating days 'don't count' and my final week of employment 'doesn't count' as I am not returning to work afterward.

We're talking about a pittance really compared to my freelance day rate, but I'm outraged by the smallmindedness of this. The accountant was extremely embarassed having to pass on this information.

I am tempted to say that I will instead take my holiday from monday the 25th until thursday the 28th and come in and work the friday the 29th (righto) just to match their pigheadedness. I could do with this monday off - I've got a mountain of work on! Whaddya reckon, gang?

ceridwen

If I knew myself for sure and certain I was owed 4 holiday days and they only proposed to pay for 2 - then, yes, I would change around when I had my holiday days to make sure I got all 4 - so I would do that if I were you.

G-G_4

Woooow - far too complicated for me to work out (ashamed to say!)..

Whatever you can squeeze out of them I would, they sound like a right barrel of laughs..

Good Luck x

Phirefly

Thanks chaps - I'll have a tinker and let you all know what mischeif I can come up with....

Zazen999

Good grief - why bother with all that - just let you have the days and be done with it. If it was me, I would feel the Bird Flu coming on good and proper.

You could think of it as a compliment, that they really need you...rather than an insult.

Best out of there I think.

Will be emailing you anyway about the other thing!!! :j

Phirefly

Thanks, You're right. I have been feeling a bit chesty lately *cough*

LV or anyone else, how have they worked this out? I'm pretty rubbish with numbers...

Something about because I'm not coming back after the holiday, the holiday accrued for that week doesn't count or some such nonsense... How have they arrived at my accrued annual leave up to end feb equating to 2 days when my annual leave is 20 (discounting my floating days - as they say these don't count)

Mr Phirefly's just got me ragged up about it again, and I'm spoiling for a scrap now....

Phirefly

heheh another episode in the soap drama that is me working out my notice...

The week after I gave my notice, my opposite number who is effectively me, but works on other accounts AND another senior colleague announced they're both pregnant (due dates a week apart). Then I've just heard another junior colleague is planning to return to education. Another colleague confessed to me that after her wedding this year, she's hoping not to return to work.

I'm sure there will be a few more rats jumping the sinking ship before long....

G-G_4

hahaha! serves them right for treating you so badly.. must be Karma..

xx

Phirefly

Yep, something like that!

I really need LV or someone to clarify this please...

I've just been on to acas who have confirmed that I should be entitled to 4 days' holiday before the end of february, not 2 as my employers are suggesting.

Acas said that I should actually be counting my holiday entitlement as 24 days as this is now the statutory holiday for 5 day a week workers. As my notice period runs to the end of February and I am effectibly still employed during that period, then that should be 4 days' holiday entitlement. So I was right in the first place?

The woman at acas wasn't especially clear in explaining this.

PLEASE can someone clarify this!!!!!!!

janren

Phirefly wrote: »

I am entitled to 25 holiday days a year on top of bank holidays comprising 20 days' annual leave and 5 floating days. I calculated that if I gave my contracted 3 weeks' notice on the 11th February, I would be entitled to 25/52 x 9 = 4 holiday days. I opted to take these as holiday at the end of my notice and leave on the 25th February, with full pay up to the 29th February.

I've just been informed by the accountant that she has been instructed to only honour 2 holiday days. Their argument is my floating days 'don't count' and my final week of employment 'doesn't count' as I am not returning to work afterward.

We're talking about a pittance really compared to my freelance day rate, but I'm outraged by the smallmindedness of this. The accountant was extremely embarassed having to pass on this information.

I am tempted to say that I will instead take my holiday from monday the 25th until thursday the 28th and come in and work the friday the 29th (righto) just to match their pigheadedness. I could do with this monday off - I've got a mountain of work on! Whaddya reckon, gang?

Hi Phirefly

Based upon your serving your 3 week notice period, your final date of employment is 29th Feb - period.

Your annual leave entitlement for the year should therefore be pro-rated based on 29th Feb, and you may request to take it prior to leaving, as you have done; if they do not approve the request then they must pay a sum in lieu of the holiday balance in your final salary.

Have to say it is the first time I have heard of an employer trying to argue that leave taken during the contractual notice period should be discounted for the purpose of calculating the annual leave entitlement! :mad:

The information you were provided by ACAS is correct - yes, there is an updated statutory minimum holiday entitlement employers must observe when pro-rating annual leave for leavers, and so you should be paid the 4 days. Check out: http://www.businesslink.gov.uk/bdotg/action/detail?r.l1=1073858787&r.l3=1074414642&r.t=RESOURCES&type=RESOURCES&itemId=1074415038&r.i=1074414966&r.l2=1073858926&r.s=sc
I applaud your idea to work 29th Feb only :T but hopefully if you talk to your employer again this can be sorted out to your satisfaction.

J

Savvy_Sue

The statutory annual leave entitlement went up to 24 days per year from last October, including bank holidays. However, if your employer was already giving more than that (which at 20+5 I think they were) then there is no increase.

I haven't done the sums, but if your leave year runs from January and you're leaving at the end of Feb, then you're entitled to 2/12ths of 25, simple as.