How much holiday pay I am owed?

McGraw

McGraw

McGraw

Soldato
Joined
16 Jan 2006
Posts
3,044
Hello. Would appreciate some help here.

Assuming the following:

24 days holiday (3 days compulsary and must be taken Xmas)
Holiday year starts 1/1 (I was already working on this date)
Holidays based on weekly pay (salary paid monthly however)
37.5hrs p/w contractual
9.5 days paid leave taken at time of leaving (28/8/18 final day)
Company handbook wants me to believe I am only entitled to holiday pay for full months worked

How many days holiday am I legally owed and why?

My former employer says 4.5 days. I think this should be more like 6.

Thanks very much.
 
Why do you think the company handbook is incorrect ?
2 days per full month worked = 14 days, you've took 9.5 leaving 4.5.
 
I'm not sure what you are getting at.
All of the companies I have worked for accrued holidays in this manner.
If we went back to your example in post#4 would you expect to be able to take 1.9 ish days off ?
 
dholdi said:
I'm not sure what you are getting at.
All of the companies I have worked for accrued holidays in this manner.
If we went back to your example in post#4 would you expect to be able to take 1.9 ish days off ?
Click to expand...

In the most basic format I would normally accrue 2 holiday days per month.

Why should you get 0 holidays for working 4 weeks of a calendar month (or 20/23 working days)?

1 day maybe. 1.5 is fairer.

0 is ridiculous and unfair.
 
If you are paid monthly then holiday is accrued monthly. Not weekly as in your assumptions.

Therefore as long as the company handbook complies with legislation regarding holidays, it is correct. I cannot believe that it would not comply, that would leave the company exposed to legal action.
 
McGraw said:
Thanks for that.

I had no idea things worked like this...and they shouldn't.

If I had happened to do this in February then all would have been well.
Click to expand...
It's a gotcha that many people have suffered from sadly (myself included) and just generally something we have to accept I'm afraid. Realise it's not what you wanted to hear but at least now you know for future :)
 
When leaving a job, always get confirmation from HR about how much holiday pay you will receive and if necessary/possible shuffle things around a bit in terms of leaving date.

In this circumstance I think what you should have done was attempt get an official leaving date of 31/08 and if necessary book 3 days holiday 29-31st (in the event that you really did want 28th to be last day of actual work). You'd have then been paid normally for those days and hit the threshold to accrue holiday in August as well. So you'd have taken 12.5 days holiday out of 16 accrued and therefore been paid for 3.5 days holiday.

I nearly got shafted by this when I left my previous employer as the method of holiday accrual wasn't actually published anywhere. However when I checked with HR and didn't get the answer I expected I then queried and was told that their policy was to accrue holiday on the 24th of each month. So I just ensured my last day of official employment was Wednesday 24th rather than Friday 19th as originally planned..
 
There's a reason why people give their notice on 2nd or 3rd of the month and why people leaving jobs with bonuses quit after April ;)
 
Probably not, but still annoying to miss out on 2 days pay due to a clerical quirk. Because of stuff like this, if you have untaken holiday balance it is generally best to try and make your official leaving date as late as possible and then use holiday to bring the date back to when you actually want/need to finish working, rather than simply ending employment earlier and getting paid for untaken leave. There's then no impact on the days you actually work, you just get paid more if it ticks over an accrual period. There's a tendancy for people to align their last day in the office with their last day of employment but not always optimal in cases like this (appreciating there are some probably some niche cases where for other reasons you don't want your official employment to extend beyond a given date).
 
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