did employers steal 2 days holiday from me?
Discussion
I recently left my job, according to my terms and conditions I was entitled to 30 days annual leave to be adjusted pro rata if I left before the end of the leave year.
I left on 28th July , giving me 17.18 days according to both my own calculations and the company computer system so I took the last of my 17 days just before I left.
I've just received my final salary, docked by 2 days wages because they had rounded down my leave entitlement to the nearest full month worked (ie they had removed my leave entitlement for the 28 days I worked in July because I left before the end of the month).
There is nothing in my terms and conditions or any company documentation to allow them to do this but they've said 'that's the way we've always calculated it so we can't change it now, it would be unfair to everyone else who has left over the last 13 years since the company was formed.'
It's only a couple of hundred pounds, but it's annoying me. Can anyone tell me if (1) I'm right, and (2) Is there anything I can do about it?
I left on 28th July , giving me 17.18 days according to both my own calculations and the company computer system so I took the last of my 17 days just before I left.
I've just received my final salary, docked by 2 days wages because they had rounded down my leave entitlement to the nearest full month worked (ie they had removed my leave entitlement for the 28 days I worked in July because I left before the end of the month).
There is nothing in my terms and conditions or any company documentation to allow them to do this but they've said 'that's the way we've always calculated it so we can't change it now, it would be unfair to everyone else who has left over the last 13 years since the company was formed.'
It's only a couple of hundred pounds, but it's annoying me. Can anyone tell me if (1) I'm right, and (2) Is there anything I can do about it?
The Company/HR dept will have a set way of calculating the pro-rata amount; we have a similar system here where employees must have worked the entire month in order to have accrued the holidays for that month. If someone is leaving in the last week of the month I'll usually award the holidays as we have some flexibility here, but if someone is box ticking, they'll probably tell you that you didn't meet the requirements for accruing that month's holidays, thereby making you two days short.
parabolica said:
The Company/HR dept will have a set way of calculating the pro-rata amount; we have a similar system here where employees must have worked the entire month in order to have accrued the holidays for that month. If someone is leaving in the last week of the month I'll usually award the holidays as we have some flexibility here, but if someone is box ticking, they'll probably tell you that you didn't meet the requirements for accruing that month's holidays, thereby making you two days short.
Yes, that's what the HR Manager said, but I questioned why they follow that way of calculating it. They have a computer system which actually works out entitlement in accordance with the conditions of employment which they manually overrode to remove the July entitlement. There is no written procedure telling them to only allocate leave for whole months worked. (I only left on the 28th because I was flexible and that's the day the company chose as it suited them)vanordinaire said:
I recently left my job, according to my terms and conditions I was entitled to 30 days annual leave to be adjusted pro rata if I left before the end of the leave year.
I left on 28th July , giving me 17.18 days according to both my own calculations and the company computer system so I took the last of my 17 days just before I left.
I've just received my final salary, docked by 2 days wages because they had rounded down my leave entitlement to the nearest full month worked (ie they had removed my leave entitlement for the 28 days I worked in July because I left before the end of the month).
There is nothing in my terms and conditions or any company documentation to allow them to do this but they've said 'that's the way we've always calculated it so we can't change it now, it would be unfair to everyone else who has left over the last 13 years since the company was formed.'
It's only a couple of hundred pounds, but it's annoying me. Can anyone tell me if (1) I'm right, and (2) Is there anything I can do about it?
What they have done IS the way that some companies do things (i.e. only allocate annual leave for complete months worked). What seems strange in this case is that their annual leave "computer" was telling you something different.I left on 28th July , giving me 17.18 days according to both my own calculations and the company computer system so I took the last of my 17 days just before I left.
I've just received my final salary, docked by 2 days wages because they had rounded down my leave entitlement to the nearest full month worked (ie they had removed my leave entitlement for the 28 days I worked in July because I left before the end of the month).
There is nothing in my terms and conditions or any company documentation to allow them to do this but they've said 'that's the way we've always calculated it so we can't change it now, it would be unfair to everyone else who has left over the last 13 years since the company was formed.'
It's only a couple of hundred pounds, but it's annoying me. Can anyone tell me if (1) I'm right, and (2) Is there anything I can do about it?
Can I just check - is this "annual leave computer" a formal/official "management approved" tool that staff are supposed to use? If so then what I would suggest is firstly putting in a grievance. If they won't let you because you are no longer an employee then you can take them to an Employment tribunal. HTH
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