Accrued Holiday in Fixed Term Contract

[TheAlderman]

Hello,

I have recently completed a fixed term contract. During this period I took no leave so will be paid the accrued leave entitlement in my final payment.

As the statutory entitlement is 28 days, I had thought the pro rata calculation would be as follows:

(28 days / 52 weeks in a year) * number of weeks worked
However the company is saying that because they include public holidays in the annual allowance the calculation is made on the basis of 20 days.

During the contract dates there were no public holidays, so I didn't have any of those assigned days as leave. So it seems like they're saying if your contract doesn't have any public holidays in it, tough luck, you lose them.

That doesn't sound right to me, but I would appreciate some advice on this if anyone is able to give any. Is what they are proposing valid?

Many thanks.

[ULA]

Can you provide the dates that your contract started and finished.

Did you work full time or part-time and if the latter please confirm how many days a week you worked.

[TheAlderman]

18 January to 1st April inclusive.

Full tIme, 5 days a week.

[ULA]

Bank holidays can be included within your minimum annual leave entitlement which means that for a full time worker this is 28 days per annum.

Therefore your holiday entitlement should be based on the pro-rate of 28 days for the period in which you worked.

[TheAlderman]

Thanks so much for the response.

So just to clarify, the fact that bank holidays didn't fall within my contract doesn't mean that they can base the pro-rata calculation on 20 days rather than 28?

The way it should be done is based on 28 days, and then *IF* I'd had any bank holidays off during my contract, they would be deducted from the total accrued holiday?

[ULA]

Indeed the final paragraph of your post #5 is correct.