Holiday entitlement - leaving a company

[Mattt]

My contract of employment has a table - stating the leave you will have accrued if you leave on the last day of each month.

It states if you leave before the last day, you should look at the previous month figure.

This to me seems unreasonable, I believed holiday entitlements were allowed to be exact, or rounded up - but not down.

I believe on my last day I will have accrued 17.13 days holiday (proportion of year x total allowance). The table reckons it will be 13.

The standard the table is based on is total 25 + BH, but this year I carried over 1.5 days so I have 26.5 + BH. I have taken 13.5 so far + BH.

The table even states if you leave on 31st Dec (last day of holiday year), you will only have accrued 22 days - not the correct 25 - which shows how weighted against the employee it is.

Any employment experts able to advise on correct position, and whether any statute would override contractual provision?

[98elise]

Check your contract, its all that matters. If not that then your HR policy will be the rules.

The amount of holiday you get is more that the statutory amount, so I don't think you have anything else to fall back on.

[andy-xr]

It usually works out that you earn something like 1.9 days PTO every month you work, but you'd need to work the full month to get that 1.9 if you know what I mean

[STW2010]

Mattt said:

I believe on my last day I will have accrued 17.13 days holiday (proportion of year x total allowance). The table reckons it will be 13.

The standard the table is based on is total 25 + BH, but this year I carried over 1.5 days so I have 26.5 + BH. I have taken 13.5 so far + BH.

26.5 - 13.5 = 13

Have I missed something?

[Soovy]

Mattt said:

My contract of employment has a table - stating the leave you will have accrued if you leave on the last day of each month.

It states if you leave before the last day, you should look at the previous month figure.

This to me seems unreasonable, I believed holiday entitlements were allowed to be exact, or rounded up - but not down.

I believe on my last day I will have accrued 17.13 days holiday (proportion of year x total allowance). The table reckons it will be 13.

The standard the table is based on is total 25 + BH, but this year I carried over 1.5 days so I have 26.5 + BH. I have taken 13.5 so far + BH.

The table even states if you leave on 31st Dec (last day of holiday year), you will only have accrued 22 days - not the correct 25 - which shows how weighted against the employee it is.

Any employment experts able to advise on correct position, and whether any statute would override contractual provision?

Suck it up. You agreed to it.

[Number 7]

Soovy said:

Suck it up. You agreed to it.

Not that I'm suggesting that is one, but surely it's possible to agree a term which is subsequently deemed unfair in law?

[Soovy]

Number 7 said:

Soovy said:

Suck it up. You agreed to it.

Not that I'm suggesting that is one, but surely it's possible to agree a term which is subsequently deemed unfair in law?

It is under certain circumstances. But this an employment contract which he had ample chance to argue with!