Holiday Pay - Additional Days

[cheeky44]

Hello,

We have an employee leaving us after almost 2 years with us so I need to work out his final pay.
In his contract it states:
'....the 1st year of employment the Employee will need to allocate 3 days from his/her holiday allocation to the compulsory Christmas shutdown. In the 2nd year these 3 days are given to the Employee by the Company, up to a maximum entitlement of 25 days per year.'

So basically in his first year he gets 20 days + bank holidays, in his second year he gets 20 days + bank holidays + 3 extra days at christmas.
Our employee is leaving us before the christmas period so I'm not sure whether to work out his holiday entitlement based on if he was here for the whole year or just the basic holiday of 20 days + bank holidays?

eg.
Basic Rate
= 28 x (41/52)

With the 3 christmas days
= 31 x (41/52)

I think we just pay the 20 days + bank holidays, but just wanting to see what other people think is correct?

Thanks

[penquanash]

You did the right calc

[Employment Law Clinic]

When are they leaving? Would a portion of 20 days + 6 bank holidays cover their equivalent entitlement of 28 days for the year?



Karl Limpert

[cheeky44]

He is leaving us tomorrow.

Yes, we are paying the legal entitlement which is the portion of 28 days for the year he has been with us, plus have added an extra day to the entitlement because he has been with us for more than 1 year but less than 2.

Thank you for your answers!