Holiday entitlements when leaving job

recyclebin

Hi guys,

How do I calculate holiday entitlements if you resign from a job during the calendar year.

This year I worked for 9 full months (up to end of September). Work was 5 days a week at 36.5 hours per week before I left the job. This works out at over 1400 hours.

Do I have to use the 1/3 of a working week per month rule or 8% of total hours or do I get the full 20 days as have done more than 1,365 hours?

I have feeling I already know the answer but just need to know for sure.

Nody

20/12 = 1.67 days per month worked. 9*(20/12) = 15 days earned for 9 months.

recyclebin

I kind of knew I would not get the full 20 days.

Using the 8% rule works out at slightly more than 15 days:

52.14 x 36.5 x 9/12 = 1427.3325 hours worked

1427.3325 * 0.08 = 114.1866 hours holidays

36.5/5= 7.3 hours per day

114.1866/7.3 = 15.642 days

It probably doesn't matter anyway as I am having some other major disagreements with my old employer and I just want to see the back of them. I am in a new job in a new town and am much happier to be out of there.

Nody

recyclebin wrote: »

I kind of knew I would not get the full 20 days.

Using the 8% rule works out at slightly more than 15 days:

52.14 x 36.5 x 9/12 = 1427.3325 hours worked

1427.3325 * 0.08 = 114.1866 hours holidays

36.5/5= 7.3 hours per day

114.1866/7.3 = 15.642 days

It probably doesn't matter anyway as I am having some other major disagreements with my old employer and I just want to see the back of them. I am in a new job in a new town and am much happier to be out of there.

8% rule only applies if you're below the threshold. From Citizen information.

Based on the employee's working hours during what is called the leave year, which runs from April to March. An employee who has worked at least 1,365 hours in the leave year is entitled to the maximum of 4 working weeks' annual leave unless the employment ceases during the leave year.

recyclebin

Had a look at the website and it says an employee may use whichever of the methods gives the greater entitlement. Does this not mean i could use the 8% rule?

tatli_lokma

only when working a full year and up to the maximum statutory entitlement. The 8% rule is in place for part time workers who work throughout the year and complete the same or more hours than a full timer. It is there to ensure that they do not get less than the staturoty legal minimum, but it would not apply to you as you are not an hourly paid worker. You are already entitled to the maximum hours so long as you qualify as 'full time'. So for you, the entitlement is as Nody has outlined.