Holiday Pay On termination of employment

[lee2347]

Hi

I'm in the process of being made redundant and have a meeting with my employer tomorrow to discuss my redundancy package. I'm trying to calculate my Holiday Pay entitlement.

I'm entitled to 22 days per year, I have taken 10 of them off and have 12 days left to use. and I have worked up until 10/08/2018, 8 months for this year.

My contract states.
"The Company’s holiday year runs from 1 January to 31 December"

"Deductions from the final salary due to you on the termination of your employment will be made in respect of holiday taken in excess of entitlement, at the rate of 1/260 annual salary per day."

"If your employment commences or terminates part way through the holiday year, your entitlement to holidays during that holiday year will be assessed on a pro rata basis according to the number of months’ employment that have been completed during the holiday year in which your employment commences or terminates."

Could anyone here give me advise on what to expect the final Figure might be?

 

[Mark Laurie]

When will you final day of work be? How long have you worked for the business?

 

[lee2347]

When will you final day of work be? How long have you worked for the business?

Final work day 14/08/2018, Payment in lieu, Worked for 4 years

 

[Mark Laurie]

Final work day 14/08/2018, Payment in lieu, Worked for 4 years

Depending on your start date you could/should be entitled to either 3 or 4 weeks notice (one week for every year worked) for redundancy and should be paid accrued holiday pay up until your final day (end of notice period). By my calculation if you have worked 4 years and you are being paid up until 11th September you would normally be entitled to 16.49 days holiday (plus your bank holidays) as you have taken 10 days you have 6.49 days left. Note that your employers cannot round your holiday entitlement down to 6.

 

[Mr D]

22 days a year? You are part time?

 

[Mark Laurie]

22 days a year? You are part time?

Good point, never thought to ask that :-(

 

[Newchodge]

Do you get bank holidays off as well as 22 days?

Properly, the calculation for part year holiday entitlement should be the same for the employer as for the employee. However, assuming you get 22 days + bank holidays, they will probably offer you 2 days. You should get at least 4. See what they say