Leaving job - payment in lieu of holiday

Leaving job - payment in lieu of holiday

Author
Discussion

Koyaanisqatsi

Original Poster:

2,329 posts

37 months

Tuesday 16th May 2023
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I'm finishing with my current employer on 02 June and have taken only 3 days annual leave since 01 January this year. They have no desire for me to take more of my holiday days during my notice period, therefore the statutory obligation is to pay me for the days in lieu of taking them off from what I understand.

I work Mon-Fri and get 23 days holiday (plus bank holidays), therefore make that 10 days out of my 23 that I'm due to be paid for.

My question, how exactly is it calculated? I can break my pay down to work out how much I'm paid daily, so it is simply a case of £123 daily pay (as an example) x 10 days = £1,230 payment in lieu?

simon_harris

1,786 posts

41 months

Tuesday 16th May 2023
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depending on your holiday allowance you generally accrue holiday at about 2.25 days per month of your holiday year, so assuming that is correct and your holiday year starts on jan 1 by the time you leave your holiday allowance would be something like (2.2x5)-3 days taken. then it is just your day rate times that less tax etc

quinny100

960 posts

193 months

Wednesday 17th May 2023
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Koyaanisqatsi said:
They have no desire for me to take more of my holiday days during my notice period, therefore the statutory obligation is to pay me for the days in lieu of taking them off from what I understand.
I’d get it in writing from HR that they will pay you for any unused leave. Im not sure there is any statutory duty for them to pay (assuming you’ve resigned/leave of your own accord) you unless there is prior agreement in your contract or a specific written agreement.

Koyaanisqatsi

Original Poster:

2,329 posts

37 months

Thursday 18th May 2023
quotequote all
From what I understand, it's a statutory requirement and applies whether the employer likes it or not.

https://www.acas.org.uk/final-pay-when-someone-lea...

Countdown

42,037 posts

203 months

Thursday 18th May 2023
quotequote all
It should be (Annual salary / working days per year) x Days owed.

Working days per year is (260 - annual leave - bank holidays if paid).