Employment notice / holiday entitlement

[cherry90]

Hi All,

 

I recently handed in my notice (with a notice period of 1 week), I was told to leave the same day and that I would be paid for the 1 week notice period.

 

On the same day I left the company, I received a message from my manager mentioning that I won't be paid for the notice period as I'm over my holidays.

 

I'll put a breakdown here if anyone could kindly help me:

 

I started my employment with the company 22nd June 2022 (probation period is 6 months) and handed in my notice 6th October 2022. Total of around 3.5 months. 

 

I've taken 13 days holiday during my time of employment. 

 

According to my contract it states the below:

 

'You will be paid your normal salary when you go on holiday. If you work regular overtime or receive any other regular payments, you will be paid your average weeks' pay for any week you go on holiday. Holiday pay will be calculated over an average of 52 working weeks (or for the number of weeks of your employment if less than 52)'.

 

A few days before I handed in my notice, my manager mentioned that I'm over my holidays, which I honestly had no idea about. There was never an issue with me booking holidays.

 

I asked him via email at work for a breakdown he then replied to me with the following - 

'Yes, because you started halfway through the year …. You are only entitled to ten days holiday and you have booked more so you are sitting at -5 Days.

You can either take these as unpaid or delete your holidays booked ?'

I cancelled the other holidays I had booked in December. So I have technically taken 13 days holiday.

 

Could anyone kindly help me here? Am I entitled to any days?

 

Thank you so much.

[fkofilee]

Did you have Bank Holidays included in the allowance? Were you a shift worker? 

[cherry90]

Thanks for replying. Nope only ten days of my paid holidays. Nope not a shift worker. Was in full time.

[Kyosanto]

Your holiday allowance was made on the basis that you wouldn't quit and work the full year.

 

You've only worked 3.5months, so I'd imagine your holiday entitlement is  (Company total holiday)/12*3.5

 

Based on the fact you were told you have 10 days allowance and you started in June, the company holiday is probably 20 per year, so based on that your allowance would be something around 6 days.

It looks to me like your employer is correct and is not trying to shaft you.