holiday pay after being laid off

[tweenyb]

Hi

I have just lost my job thanks to the job market (now is not a good time to be in recruitment),
I was paid a weeks wages in lieu of notice so that I could get another job. On my final wage slip there was no holiday pay. My contract states 25 days hols per yr.

I worked for the company for 6 weeks for 35 hours a week
am I entitled to anything?

How is this determined?

Thanks in advance

[Ethel]

You are entitled to 2.08 days per month, so over six weeks this is 3.12 days.

Have you had any days off since you started?

[anniebird]

The way holiday pay accrues depends on the individual company rules. They may say that they will accrue only on entire months completed which may mean if you worked part of August and part of September but did not complete either month then you will not be entitled to any holiday pay. Other companies will accrue on completed weeks in which case you should be entitled to some holiday pay. The only way to find out is to ask the Payroll Dept or Personnel Dept.

[Ethel]

The law changed in October 2001:

The amount of leave you can take builds up monthly in advance at the rate of one twelfth of your yearly leave each month. If this does not give you an exact number of days leave, your leave is rounded up to the nearest half day. Your employer will deduct any leave you have already taken from the leave you have built up

[tweenyb]

Im a tad confused...

I started July 13th
Left August 28th
I had 2 1/2 days off unpaid as they were prebooked before I started.

[Ethel]

Did you have your August bank holiday, and does your 25 days include bank holidays, or is in addition to?

[tweenyb]

yeah i had my bank holiday off,
25 days + bank hols according to my contract

[Ethel]

In that case you should get 3 and half days holiday pay

[buildersmate]

And just to be pedantic, the money for the final week should have been paid gross (without deduction for tax and NI) because technically they are damages for breach of contract by the employer. Thus the last employment day was the last day you worked (not the end of the in lieu week) for P45 purposes, and that final 'in lieu' week did not count for the accrual of holiday pay

[tweenyb]

wow thank you all for all of your help,
Im now off to try and write an email to my old manager!

Thank you all once again!

x

[tweenyb]

final update, the cheque arrived today :0)

Many thanks xx