The Final Insult

Phirefly

I think Savvy_Sue's hit on the crux of this, I already had 20 days plus 5 floating days plus bank holidays.

The new entitlement doesn't actually give me any more holiday, but does it mean that 4 of my 5 'floating' days are no longer a perk, they are statutory....

My employers are working out my pro-rata'd leave based on the 20 days, so are they wrong to do this?

Phirefly

I just found this on the HMRC site...

Contract ends later than last day at work

If the contract continues until the employee has had a period of holiday after finishing work, the employer should regard the additional payment as holiday pay and treat it as such. The basis of this distinction is that a person cannot be on holiday from an employment after that employment has ended.

I can't make head nor tail of this...

Savvy_Sue

Phirefly wrote: »

My employers are working out my pro-rata'd leave based on the 20 days, so are they wrong to do this?

Yes.

Phirefly wrote: »

I just found this on the HMRC site...



I can't make head nor tail of this...

What they mean is that if you take paid leave at the end of your contract, your contract doesn't end until your paid leave does.

At least I think that's what it means.

So, suppose you were leaving at the end of June, and intended to work until the end of June, but you hadn't taken any leave. They'd have to pay you until mid July, and your end date on your P45 would be mid July.

Unless anyone knows different?

Phirefly

This is why I while away so many hours round here. You lot are a godsend

janren

Savvy_Sue wrote: »

Yes.

What they mean is that if you take paid leave at the end of your contract, your contract doesn't end until your paid leave does.

At least I think that's what it means.

So, suppose you were leaving at the end of June, and intended to work until the end of June, but you hadn't taken any leave. They'd have to pay you until mid July, and your end date on your P45 would be mid July.

Unless anyone knows different?

Hi Savvy_Sue & Phirefly

I interpret this differently.

My understanding is that if someone's final date of employment is end of June based on their notice period, that date will apply as their final date of employment. If they have any annual leave left to take that they are not able to take during the notice period then it gets paid as a cash sum in lieu in the final salary payment.

With the ability to pay in lieu, it does not make sense to extend the leaving date simply to allow the employee to take the days they'd accrued, after the final date of employment - normally any days would be taken within the notice period, workload permitting.

I think they mean that just because annual leave may be taken towards the end of the notice period, it does not mean that the employer can then argue that the final day of employment is the last day actually worked.

Does that make sense or have i confused everyone even more? :rotfl: :rotfl: :rotfl:

J

Luvly.cuppa.T

I am with you Janren.

My pre-hearing (tribunal) did not take into account my holiday after my summary dismissal, which would have taken me into a years service. Pah. Laws ay? (I was 10 days short of a year without holidays and lieu pay)
They went exclusively by the date my employment ended (ie the day I was sacked) and nothing else thereafter was included. My P45 though, says my employment ended when my holidays were taken into account.

I know this is slightly different grounds here, but I would imagine that if the case was that holidays are considered employment even after the termination I would have won the right to proceed in my unfair dismissal claim, then having a year under my belt.

Food for thought anyway.

millie

I would have thought that the entitlement is 20 days annual leave + the bank holidays and as you are leaving before any of the bank holidays occur then the holidays would be calculated on the 20 days.

Savvy_Sue

millie, the legal minimum entitlement is now 24 days, and the OP's employer has offered 25 PLUS bank holidays. The fact that 5 were 'floating' (a concept I don't really understand but maybe means could only be taken as single days?) means she should get four days for having worked two months.

janren and lively.cuppa, you may well be right about when the contract actually ends. However, I'm right to think that the holiday pay is still due to be paid, even AFTER the person has left the job? Which is where the employer seems to be in the wrong?

janren

Savvy_Sue wrote: »

janren and lively.cuppa, you may well be right about when the contract actually ends. However, I'm right to think that the holiday pay is still due to be paid, even AFTER the person has left the job? Which is where the employer seems to be in the wrong?

Absolutely agree, Savvy_Sue, tried to make that point in my last post.

If Phirefly does not take the accrued 4 days annual leave before her final employment date of 29th Feb; then the employer must pay 4 days worth of holiday pay in the final salary.

It really shouldn't be this complicated!! :rotfl:

Luvly.cuppa.T

absolutely- any holidays outstanding at the end of employment , if they are within the alloted time, must be paid, regardless of whether they were booked or not.

Well, I am very sure this is the case.....