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Dh leaving his job & holiday entitlement

16 replies

blushingm · 24/02/2012 21:48

Hope someone can offer some advice and knowledge

Dh is leaving his job after 18 years - he has a new job.

Well he took off 3rd, 4th, 5th and 6th January (so 4 days). His boss is saying he's only entitled to 1.5 days and he will deduct the other 2.5 days from his final pay. I've worked out that he'd be entitled to 4.6 days inc the 2nd January bank holiday so dh would only actually owe 0.4 days

Does anyone know the rules etc and what he can do if dh and the boss can't agree?

Tia

OP posts:
QED · 24/02/2012 21:49

When does his holiday year start and finish?

flowery · 24/02/2012 21:52

What is his holiday entitlement and what does his contract/handbook say about holiday for leavers?

EdithWeston · 24/02/2012 21:55

If his leave entitlement started in January, then it sounds to me as if his management has pro rata'ed his annual leave entitlement for the part of the year he remains in this employment and has come up with one answer, but your calculations have come up with another.

What is his annual leave entitlement?

I suggest your DH shows your assumptions and workings, and asks for theirs, then negotiates when both sides know where they're coming from.

blushingm · 24/02/2012 21:57

Hi - his holiday year starts in January

His contract doesn't actually specify holidays or anything about holidays and leaving so I was using the 28 days (inc bank holidays) as the legal minimum

OP posts:
jimswifein1964 · 24/02/2012 22:09

use this calculator

blushingm · 24/02/2012 22:34

That says 4.6 days too . 1st jan to 29th feb

OP posts:
jimswifein1964 · 24/02/2012 23:17

Had he been allowed to carry days/take days in advance etc between calendar years? Thats the only logical thing I can think of, other than his boss being an idiot.

NatashaBee · 24/02/2012 23:41

This reply has been deleted

Message withdrawn at poster's request.

NatashaBee · 24/02/2012 23:44

This reply has been deleted

Message withdrawn at poster's request.

blushingm · 25/02/2012 13:09

I think maybe the boss is being a nob!AngrySad

Are they allowed to mess with the bank holidays? Ie not give them till it's gone past and then take it off?

OP posts:
blushingm · 25/02/2012 13:10

His 'official' leaving date is 29th feb

OP posts:
Ambi · 25/02/2012 13:45

I'd imagine that BHs are not included in the calculation, it would be his started holiday entitlement, 20 days?

Ambi · 25/02/2012 13:45
  • Standard not started!
Ambi · 25/02/2012 13:49

20 days is usually 1.5 days per month so he is entitled to 3 days and taken 4. Sounds like company has calculated upto date of resignation (if 4 weeks notice) not leaving date if that helps?

flowery · 25/02/2012 15:49

If his 28 days a year includes bank holidays then they have to be included in the calculation as the absolute minimum statutory holiday entitlement is 28 days.

Plus holiday accrues throughout notice as well. OP your calculations are correct.

Ambi · 25/02/2012 20:51

I will learn one day to not advise on something I'm not 100% sure about. Blush

I bow to flowerys knowledge and now I think I've been screwed at my last job over this.

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