Annual leave accrual following redundancy/mat leave

[subculturalgirl]

Hi everyone - sorry in advance that this is a bit complex, but grateful for any advice.

I went on mat leave in May 2023 and, at the time, was employed by a charity on a full-time basis (5 day working week). It was a contract role, due to end in September 2023, but was extended for another year, until September 2024. However, in Jan 2024, they lost funding for the service and I was made redundant effective Feb 2024. They offered me alternative employment with them, which I accepted. I was due to return to work when my mat leave ended in May 2024, but have extended my time off until October 2024 using a mixture of annual leave and unpaid leave. I'll be returning part-time (4 days a week). While I am still technically employed by the charity and am due to go back in October, I have yet to receive a contract for the new role so am effectively in limbo. My question is, should I be accruing annual leave based on a 5 days working week, or a 4 day working week?

I'm not officially going down to a 4 days working week until October, so I would have thought that my annual leave accrual shouldn't be reduced until then?

I'm going to call Acas tomorrow, but grateful for any advice on here too.

Thanks so much!

I would say you accrue based on a five day work week but it will be adjusted when you go to a 4 day weeks. I.e if you have 20 days of leave accrued based on a 5 day work week then that is 16 when you are on a 4 day work week - its 4 weeks in both cases.

Interesting question - I’d say as above, but you might not accrue holiday whilst on unpaid leave.

Thanks, that's really helpful. Do you think this applies even though technically my former contract (which was originally meant to be until Sept 2024) terminated in Feb 2024 but I won't start my new role until October 2024. That's the confusing bit, as there's a gap between my old and new role and I don't currently have any active contract. It's this gap that I'm confused about, as what stands now - my old work & annual leave arrangements or the new ones.

Thank you, appreciate your response. I also thought the same re unpaid leave, but having looked it up, apparently you do still accrue leave during unpaid leave but only the statutory amount from what I can gather. Will see what Acas say!

Its a tough question. If you were not employed by them at all then you get zero but it sounds like one role ended and you haven't started the new one yet but have been their books. Did they pay your SMP? If so then you have accrued leave at least at the stat level and that is a minimum of 4 weeks per year plus stat holidays so would be 16 days vacation plus 8 or 9 stats.