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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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Hi I resigned from my full time 37.5 hrs a week job yesterday

Resolved Question:

Hi
I resigned from my full time 37.5 hrs a week job yesterday after having worked 8 full weeks and 3 days. My hoilday contractual entitlement is 23 days, plus bank holidays of which there was only one on august 25th during my employment there. I have heard from the accounts lady today from the company, who has outlined my final salary payment. Her email below..
Attached please find your final payslip and P45 to date of leaving – did not get this info in time to sort the payment before I left the office last night. You have been paid working 5 days salary i.e 1-3 and 6-7 October at a rate of £126.92 per day. The amount of £634.60 will be in your account on Friday.
My annual salary was £33,000. My question is am I entitled to be also paid for accrued holiday which I work out at 3.5 days? I had not taken any holiday from the beginning of my employment except the bank holiday on the 25th August.
Thank you
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Yes under the Working Time Regulations you are entitled to be paid for accrued holiday from the first day of employment.

taratill :

You should write to the employer to ask for payment and if it is not paid you can take it further by engaging ACAS Early Concilliation.

taratill :

You will find the details at http://www.acas.org.uk/earlyconciliation

taratill :

If you have any further questions please do ask. If I have answered your question please do take time to rate my answer.

taratill :

Thank you and all the best.

Customer:

Thanks for this... based on the information I gave can you confirm how much holiday entitlement I have accrued in my time with the company.

taratill :

Yes you need to divide 23 days by 52 and multiply by 8 weeks which makes 3.5 days. If bankholidays are paid in addition then the fact that you have taken one day bank holiday is fine.

taratill :

Hope that helps.

Customer:

Thank you... one more question. Holiday entitlement is not effected by still being in the normal 3 month probationary period?? There was nothing in my contract to say this was the case.

taratill :

no not at all the Working Time Regulations make it statutory that it is payable even in a probationary period.

Customer:

Great thank you.

taratill :

No problem. Do please remember to rate my answer and do come back to me in the future if you need to. All the best.

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