Calculating final pay

[mike00]

Hi,

 

I'm having trouble calculating my final pay.

 

Holiday entitlement runs from 1st April to 31st March

Holiday entitlement was 27 days, with 1 day taken this year

I was paid monthly (25th) in arrears for a salary of £27,500 (gross) or £20,515.76 (net)

I had been employed for over two years

My employment was terminated without notice at the end of the working day on 20th May

 

My workings (net) are:

Monthly rate = £20,515.76 / 12 = £1,709.65

Weekly rate = £20,515.76 / 52 = £394.53

Daily rate = £394.53 / 5 = £78.91

 

3 full weeks from 25 Apr to 20 May = £1183.59

3 full days from 25 Apr to 20 May = £236.73

 

2 weeks PILON = £789.06

 

7 weeks worked between 1st April and 20 May + 2 weeks notice = 9 weeks holiday entitlement

 

27 days entitlement / 52 weeks = 0.519230769 days per week

9 * 0..519230769 = 4.67 days holiday - 1 already taken = 3.67 days holiday

 

3.67 * 78.91 = £289.60

 

1183.59 + 236.73 + 789.06 + 289.60 = £2,498.98

 

How far off am I?

[Trurider]

Terminated without notice? Speak to ACAS as depending on how and why, you may have a claim in Employment Tribunal for Unfair Dismissal.

[mike00]

Hi, I definitely do have a valid claim for unfair dismissal, but we parted on friendly terms and I was promised a good reference. Once I've got a new job, then I'll think about pursuing the UD claim. For now, I just want to make sure they've calculated my final pay properly, I don't think they have.

[mariefab]

You need to re-calculate the holiday pay because, regardless of what your contract may have said, the statutory minimum paid holiday entitlement for someone working 5 days a week is 28 days.

[mariefab]

Also, are you sure that when you were paid monthly on 25th of each month that the payments covered period from the 25th of one month to 24th of the next?

I ask because it would be more usual for the payment to cover a notional whole month (i.e. 1/12 of a year).

[mike00]

Hi,

 

I should have clarified that I also got all bank holidays off and paid, but counted these as working days for simplicity. Should I be paid for the remaining bank holidays?

 

I believe my pay covers the whole month, and that's where I'm struggling to calculate the correct pro-rated amount. I've been paid £2246.02 so far, so if my calculations are right then I'm owed £252.96

[mariefab]

If your contract entitled you to 27 days + all bank holidays you need to recalculate the holiday pay due.

So, 35 days entitlement / 52 weeks.....

But don't forget to deduct any bank holidays taken since 1st April as well as the 1 day booked and taken.

 

Perhaps it would be easier to just go forward 2 weeks from your termination date for the notice period.

This would make due your normal monthly pay for May and take you 3 days into June, about 1/10 of a month.

 

So, £1709.65 + £170.96 + £ accrued untaken holiday pay = £?

[mike00]

Thanks again mariefab, I'll go through the numbers again later. Just wanted to say I now finally have a copy of their working out, and they haven't paid my two weeks pay in lieu of notice.

[ericsbrother]

Bank holidays dont count towards your holiday entitlement so dont count them in your calculations as you cant get paid for a day in august, not can you take it any other time. The only time it would count is if you do shift work on rota when paid montly.

Also, stick to gross pay, the deductions will not be the same so you cant ask for a net sum. You will still get a final salary slip showing deductions.