When working out holiday pay due when being made redundant?

Question

My employer work my holiday pay out on an average of what I have work over the last 12 weeks. During the last 12 weeks I have had a 1 week off.

I have worked 11 weeks and 1 week of hols = 59 days worked + 5 days hol = 64 days in total

Should my employer be dividing the 59 days by 12 OR the 64 days by 12??

Answer 1

Depends when your holiday year starts.

If the year started on Jan 1st you are entitled to 4 months accrued holiday pay, i.e. 1/3 of your holiday entitlement for the year minus the 5 days you have taken

If your holiday year starts on 1st April you are entitled to 1 months accrued holiday pay, i.e. 1/12 of your yearly entitlement minus 5 days, which will put you in a negative situation and your employer can claim the money back as you haven't worked for the entitlement