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 Post subject: Holiday pay entitlement
PostPosted: Wed Feb 13, 2013 11:36 am 
Posts: 148
Location: harlow
Hello random question for those of you in the know.

im leaving my current employment to go and work for another company im trying to work out how much holiday pay my employer owes me. here are a few facts that you will need to consider.

i work 5 days/40 hours a week our holiday runs from the 1st of jan to the 31st of december.

we are closed on bank holidays so have to take 8 days of the 28 for them....

he is saying that he only has to pay me on working it out for 20 days worth of holiday because he doesnt have to include the extra 8 days because they are bank holidays...



does this make sense to you guys or is he conning me out of some holiday?

thanks tom


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 Post subject: Re: holiday pay entitlement
PostPosted: Wed Feb 13, 2013 11:49 am 
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Posts: 3548
Location: essex
No that sounds legit

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 Post subject: Re: holiday pay entitlement
PostPosted: Wed Feb 13, 2013 11:56 am 
Posts: 148
Location: harlow
Okiedoke i was just wondering because we havnt had any bank holidays this year and i thought well how can he take them into account when i wont be taking them...

thanks for helping :)


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 Post subject: Re: holiday pay entitlement
PostPosted: Wed Feb 13, 2013 12:01 pm 
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Posts: 3548
Location: essex
Do you have your contract to hand?
it will almost certainly detail that in there.

if you have no contract i'd be happy you get anything tbh

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 Post subject: Re: holiday pay entitlement
PostPosted: Wed Feb 13, 2013 12:04 pm 
Posts: 148
Location: harlow
Nope ive been here 8 years and never had a "written contract" just a "verbal" one.... lol i supose your right in that sense of things....


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 Post subject: Re: holiday pay entitlement
PostPosted: Wed Feb 13, 2013 12:09 pm 
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Posts: 924
Location: Westcliff-On-Sea
In the absence of any contract, I believe your working conditions over the years form the basis for any discussions. Basically, the way you've worked becomes the contract.

The way I see it, the Bank holidays don't count as, as you said above, we haven't had any in your work calendar year. If, however, one fell within your notice period then I would expect it to be included?


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 Post subject: Re: holiday pay entitlement
PostPosted: Wed Feb 13, 2013 12:17 pm 
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Posts: 1429
Well what about New Years day, that counts as a bank holiday

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 Post subject: Re: holiday pay entitlement
PostPosted: Wed Feb 13, 2013 12:21 pm 
Posts: 148
Location: harlow
Haha it seems like its gonna be more agro than its worth to try and contest anything with him so im gonna jsut let him do what he wants to do and take it as a win as im getting out into somthing new and exciting lol...


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 Post subject: Re: holiday pay entitlement
PostPosted: Wed Feb 13, 2013 12:38 pm 
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Posts: 924
Location: Westcliff-On-Sea
Sorry, Matt.. I phrased that wrong.. :)

Should have read as although we've had one (New Year's Day) that won't alter things as it's already been granted as 1 day taken (out of the Bank Holiday allotted 8). So it would only be if any more were to fall within the notice period that they would need to be factored in.

If your notice period ends before Easter then I'd say you're just entitled to how ever many 'standard' days holiday pay base don 1st Jan to end of notice date which I suppose is about 1.6 days per month (20 / 12)


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 Post subject: Re: holiday pay entitlement
PostPosted: Wed Feb 13, 2013 1:16 pm 
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Posts: 3548
Location: essex
tomibiza wrote:
haha it seems like its gonna be more agro than its worth to try and contest anything with him so im gonna jsut let him do what he wants to do and take it as a win as im getting out into somthing new and exciting lol...


this!

hope you don't get fucked too hard

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 Post subject: Re: holiday pay entitlement
PostPosted: Wed Feb 13, 2013 4:47 pm 
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Posts: 1330
Location: braintree , and leytonstone
These days you are lucky to get anything!
take it move on, spend it on crc or lbs and enjoy it that little bit more!

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