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I'm going through a fairly acrimonious split from my employers and it's got the point now where they are being utter spunk trumpets and not answering questions to my solicitor.
I now have to work out how much holiday pay I am entitled to in the settlement agreement.
I had to keep 3.5 days free for christmas period and I'm officially working until last Friday 11th December.
Do I work it out as 11/31rd's x 3 x daily wage??
Have you taken all your holiday except the 3.5 days they asked you to keep back?
How many days is full holiday entitlement?
Are you a normal Mon-Fri type, or do you have a set number of days work / month, and if the latter how many per month and how many have you worked until last Fri?
When're your holidays calculated? Jan to Jan or April to April?
Normally you accrue them at a certain rate per month, depending on how many you have.
If your holidays are Jan to Jan and you finished on the 11th December, then you've worked 49 out of 52 weeks.
If you get 31 days per year (if that's what you meant by the above), then you've accrued just over 29 days holiday.
Then subtract the amount you've actually taken in Annual Leave. If you've taken 30 days leave; you owe them.
[url= https://www.gov.uk/calculate-your-holiday-entitlement ]Holiday entitlement calculator[/url]
As above, depends on when holiday accrues from and how much you've taken already, then its a matter of pro-rata for the year for amount holiday you are entitled to less what you've taken. Note daily wage amount should be calculated excluding weekends
Jan - DecWhen're your holidays calculated? Jan to Jan or April to April?
Yes and my apologies it's 3 daysHave you taken all your holiday except the 3.5 days they asked you to keep back?
And yes work Mon - Fri
I have 22 days entitlement and I reckon by December 1 I have accrued 20.163 days holiday? 22/1 full months @ 1.833 per month
I've taken 19 days so far so owed one full day to 1 December
Then accrued 11/31st's of the remaining 2 days??
That sound right?!
22 plus 8 bank holidays I take it?
That's 30 in total. That means you've accrued 28 & 1/4 days (or 1/2 if you round up) I reckon.
The three days you need to save are part of the above. If you've taken 19 days, plus 8 bank holidays, that means you're owed 1 and a half days pay I think.
You're entitled to 49/52*22 days leave (bank holidays mean squat in this calculation). At the point of leaving you had accumulated 20.7 days leave and you'd taken 19 so you're owed 1.7 although a lot of places will work to the nearest half day.
I have 22 days entitlement and I reckon by December 1 I have accrued 20.163 days holiday? 22/12 full months @ 1.833 per month
Agree up to here; 22 * 11/12 = 20.17 days
In December; I'd argue there are 21 working days, and you've worked 9 of them, therefore due 9/21 * 1.833 = 0.79 days
Total due = 20.17 + 0.79 = 20.96 days, call it 21, you've taken 19, you're due 2.