Holiday pay/ notice

[PutAnotherShrimpOnTheBarbie]

I am employed by a family, work 4 days a weeks, been with them since March. I am thinking about handing my notice in (1 month) so that my last day is 31st December. The family I work for have already told me that I have the week between christmas and new year off as they are away. I am just worried that if I give them my notice on the 1st December that they will let me go before christmas so they dont have to pay me for that week. Does anyone know how it should work? I get all bank holidays off, and have taken 10 days holiday so far, plus days they let me have off because they did not need me. I was available for work during those times. Thank you.

It depends - as you're leaving part way through your holiday year, your entitlement is pro rata. So you'll get 10/12 of your annual holiday entitlement as you've worked 10 months out of 12.

Usual holiday entitlement for 4 days a week is 22.4 days so you'll have 10/12ths of this which is 18.6 days.

If you've taken 19 days already (INCLUDING BANK HOLIDAYS) then you won't be entitled to more paid holiday. If you haven't taken that many days, then you should get paid, but it depends on your contract, some contracts don't allow for paid holiday after the contract has finished.

It doesn't matter if you're available for work or not, as a nanny, employers will always be allowed to choose a certain proportion of your holiday dates (as any employer would.)

Thank you. I have taken 6 days that they chose, 4 days that i chose and then all the bank holiday mondays. The other days off weren't as holiday, they just didn't need me so they gave me them off. If that makes sense.

When leaving a job, I feel that days that parents have chosen you not to come in to work, are still going to be accounted for in your days off on holiday - parents can dictate all days their employee has off if they need to do so.

If you hand notice in on 1st December and you are on a 4 week notice period, then last day of employment is 29 December (I think), so you wouldn't be paid for days after that.

Have you calculated how many days you have had off so far in total - so including those that you choose, they choose, plus bank holidays?

Bank Holidays March 2011 to 31 Dec 2011

22 April Good Friday
25 April Easter Monday
29 April Royal Wedding
2 May
30 May
29 Aug
26 Dec
27 Dec

Do/did all those fall on your working days?

What is the wording in your contract regarding bank/public holidays. Are they included in your holiday entitlement, or are they in addition to your holiday entitlement. Also what is your holiday entitlement in the contract, is the number of days specified?

They are additional. I work monday to friday so friday bank hols are excluded. i will double check this evening but i think 16 plus bank holidays.

You don't work Fridays, so 22 April & 29 April do not count.

So I make that 6 bank/public holidays during your working dates, assuming 29 December 2011 last working day.

So adding on the 10 days, that makes 16.

So other days off I think would then be 28 Dec and 29 Dec.

So 18 days in total. Do check that for yourself, see if you agree.

So there may be .6 of a day holiday owing to you, which they may ask you to take during your notice period, or they may choose to pay it - see BusinessLink: Pay for untaken outstanding holiday

If contracted is worded such that you get bank holidays in addition to statutory holiday, then you have taken 10 days holiday (6 your choice, 4 their choice) and will be taking another 2 days (their choice) so will have 6.6 days holiday to be taken/paid. Based on the 10/12ths of 22.4 days statutory holiday. Is it exactly 10/12ths? It might not be depending on your exact start date and leaving date.

Not sure this is helping you or not, as I think you only wanted to know if they could tell you to leave earlier. Well, it depends what's written in the contract with regard to notice periods. You need to give them notice that you are leaving. They could then choose to tell you to leave earlier but they would need to pay in lieu of notice.