Last payslip Woes

FabienO

FabienO

FabienO

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Joined
19 Jun 2010
Posts
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Location
Southampton City Centre
Hi Guys,

Currently back and forth with my old employers as they deducted too much from my salary on my last payslip. Here is the last email I received from them, are their calculations correct?

Hi Fab,

To clarify, the wording on your original offer letter says 'You are entitled to 28 days holiday in each full year of service. Your holiday allowance includes statutory public/bank holidays.'

This means that your holiday was calculated on your 24 holidays (4 carried over from 2011/12) and the 8 bank holidays are calculated as they occur.

You took 14 days holiday (1 as sick), took 2 bank holidays off and worked 1. This is where the 24/12 calculation came from making your allowance 2 holiday days per month and as mentioned you worked 5.25 months making you allowance until your leaving day 10.5. This left a difference of 3.5 days.
Click to expand...

The way I see it is:

20 (days holiday)/12(months in a year) = 1.6 * 5.25 (earnt) = 8.75 + 4 (carried over) + 1 (worked) = 13.75

14 owed.

13.75-14 = -0.25


Am I wrong?
 
They are classing the carried over holidays as spread over the year, (i.e 24) where as you are not (i.e 20 plus 4 seperate). No idea who's right - guess it's down to the contract but it's unlikely that exact situation will be covered in the contract.
 
You should be entitled to all of the 4 days that you carried over from the previous year as you worked that year in full. They have made the mistake of dividing these days by the proportion of this year that you worked when that is irrelevant

1.6 * 5.25 = 8.4 not 8.75 so you owe 0.6 days.
 
Does the working time directive grant entitlement to payment in lieu of carried over leave upon termination?

I was under the impression that was discretionary and not a statutory requirement.
 
I would say your answer is correct.

In my workplace your carry over is used first - our leave year starts in April, and we have to use any carry over by the end of June. This is your entitlement for last year, and should not be spread over 12 months this year because you are entitled to all 4 days regardless of how long you have worked in this leave period.
 
The 4 days carried over is obviously already due based on last years service, it makes no sense for them to imply you need to work the work the full 12 months this year to earn it again.
 
By their wording you accrue holidays at the rate of 1.67 days per month. You carried 4 over that were accrued in the prior year. So i would say you are correct:

1.67*5.25=8.75 (fair to assume you round this down)
Plus 4 c/f = 12
Plue one BH in lieu = 13 days due

You took 14 days & therefore owe them 1 day.

They're ripping you off because they don't know how to account for previously accrued holiday carried forward.
 
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Their method doesn't really make sense (irrespective of whether it is allowed by law) - imagine an extreme case where you had taken your 4 days carried over holiday immediately at the start of the year and then left the company at the end of that 4th day. They would then be claiming that you had a holiday entitlement of virtually nothing (about 0.4 days) over that 4 day period and thus only needed to pay you a fraction of a day's pay for the year despite being employed for 4 days.
 
Update:

Thought I would let you guys know, after a few more emails I am getting my proper entitlement back. Of my £430 deducted they are giving me £400 back.

In the end they went to the upstairs company HR person and asked them. That person agreed with my calculation and voila.

I did ring ACAS but the person on the end of the phone wasn't overly helpful. Circumvented the question with general (google) facts about holiday and pay entitlement. Though he did say that if they did not pay it to ring them back to speak about further action, so not all bad.

I'm waiting for them to wire me the money now, there was no apology or anything, just a bland corporate response. No admission of fault or anything.

Thanks for your help/advice guys.
 
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