How to calculate holidays when leave job

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wannaberich41
wannaberich41 Posts: 525 Forumite
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Hi,
Can anyone help or advise please?
How do you calculate how many paid holidays you are due or should get when you leave a job?
The holidays run from 1st April to 31st March. The entitlement per year is 21 days. He has taken 7 days holiday.
Does he owe back to the company or do they owe him paid holidays in final pay packet please?
Many thanks
Things will get better day by day.
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  • wannaberich41
    wannaberich41 Posts: 525 Forumite
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    Forgot to mention the 21 days doesn't include bank holidays.
    Things will get better day by day.
  • elsien
    elsien Posts: 32,750 Forumite
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    What's his leaving date?
    And has he been there since the start of the holiday year?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • maisie_cat
    maisie_cat Posts: 2,068 Forumite
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    The way that holiday is calculated is usually covered in an employment contract from memory. Some contracts only allow leave to be earned on completion of a full month so 1.75 days earned per complete month. Assuming he left on 30th September he has earned 1.75*6 days so 10.5 days and having taken 7.0 is owed 3.5 days. this is obviously just an example
  • wannaberich41
    wannaberich41 Posts: 525 Forumite
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    Yes been there since June 2016. Left today.
    Things will get better day by day.
  • Savvy_Sue
    Savvy_Sue Posts: 46,028 Forumite
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    maisie_cat wrote: »
    Some contracts only allow leave to be earned on completion of a full month
    that would be illegal ... a company may say that people may not take paid leave before they have 'earned' it during the first year of employment, but the entitlement accrues from the first day of employment and then runs to the last day.

    21 days / 12 = 1.75 days per month
    1.75 days x 6 months = 10.5 days - actually I'd round that up to 11 because he has worked a few days of October.
    So I'd say owed 4 days, assuming that he hasn't had to work any bank holidays, and assuming that he's worked a five day week throughout.

    Personally I always including in my resignation letter a calculation of what I think I'm owed and an indication of what I want to do with it: finish sooner or be paid at the end. If I'm wrong the employer has a chance to correct it.
    Signature removed for peace of mind
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    statutory accrual is based on 5,6 weeks or 28 days prorata for the part of the holiday year worked.
  • jobbingmusician
    jobbingmusician Posts: 20,343 Forumite
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    getmore4less wrote: »
    statutory accrual is based on 5,6 weeks or 28 days prorata for the part of the holiday year worked.

    Yes, but that INCLUDES BH. The OP has stated that the 21 days doesn't include BH.

    He is entitled to holiday accrued from 1st April - 30th Sept, plus 5 days. The April-Sept bit is easy - 10.5 days exactly, as that bit is exactly 6 months. He will also have accrued *some* holiday for the extra 5 days. The beauty is that the company is not allowed to round down, they can only round up. So unless they calculate holiday in hours (which is possible), he has accrued 11 days this year, has taken 7 so is owed 4 days. If they pay by the hour for holidays he will be owed 3.5 days plus - i think it's something like a twelvth of the hours he has worked in October, but no doubt someone will be around soon to remind both of us.

    Ha ha - I see my calcs are very similar to Savvy Sue's!
    I was a board guide here for many years, but have now resigned. Amicably, but I think it reflects very poorly on MSE that I have not even received an acknowledgement of my resignation! Poor show, MSE.

    This signature was changed on 6.4.22. This is an experiment to see if anyone from MSE picks up on this comment.
  • wannaberich41
    wannaberich41 Posts: 525 Forumite
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    He works on the land so currently was working 7 days a week. He has also worked 2 bank holidays.
    Things will get better day by day.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    edited 5 October 2017 at 9:47PM
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    jobbingmusician wrote: »
    Yes, but that INCLUDES BH. The OP has stated that the 21 days doesn't include BH.

    exacltly my point.

    the prorata for 6 months is a min of 14 days or 14.5 if you use 21+8.

    prorata on 21 alone is wrong.
  • jobbingmusician
    jobbingmusician Posts: 20,343 Forumite
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    edited 5 October 2017 at 10:00PM
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    Fair enough - I see your point! Assuming he has not worked on any BH (ie he has taken them all as leave), he will have had 6 BH already this year out of the 8 available. So he will have had a total of 13 days of the (assumed) 14.5 he has earned, and the company will owe him only 1.5 days :(
    I was a board guide here for many years, but have now resigned. Amicably, but I think it reflects very poorly on MSE that I have not even received an acknowledgement of my resignation! Poor show, MSE.

    This signature was changed on 6.4.22. This is an experiment to see if anyone from MSE picks up on this comment.
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