Need help working out holiday entitlement

[JemmaB]

So the holiday year runs April to march.
I lef work yesterday (26th july)
I had 13 days holidays between April and July.
My boss says that I had 6 days too many holidays and took this straight out my wages.

Can anyone work out if this is correct or not please, I left with no wages which I thought she couldn't do and I still owe her money for it!

 

[GlamourEyes11]

Depends on what your annual allowance is. How many days a year do you get?

If you get 20 days then this is correct unfortunately
X

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[JemmaB]

Depends on what your annual allowance is. How many days a year do you get?

If you get 20 days then this is correct unfortunately
X

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Yea i do thank you, I just wanted someone else to double check for me as I couldn't get my head around it x

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[GlamourEyes11]

Yea i do thank you, I just wanted someone else to double check for me as I couldn't get my head around it x

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Basically if it's 20 days per year

20 ÷ 12 (months) = 1.67 days per month

So you accrue 1.67 days holiday per month for every complete month you work.

Apr - Jul = 4 months

4 x 1.67 = 6.68 days allowed (so she's rounded this to 7)

And you've taken 13. So it's 6 days more than you're allowed. So unfortunately you have to pay it back on termination of employment xxx

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[kimi1101]

Depends what your contract says. My staffs say...

In your first and last year of employment, your holiday entitlement will be that proportion of your annual holiday entitlement equivalent to the proportion of the holiday year in question during which you have been employed.

So it will be a proportion of your yearly holidays. If you worked 3 months and you get 20 days, you will have earned 5 days and due to repay for any extra you have taken, for example

 

[VeryBusyBunny]

The employer can't take it out of your wages without notifying you and agreeing on the schedule how you will repay it.

 

[kimi1101]

The employer can't take it out of your wages without notifying you and agreeing on the schedule how you will repay it.

Depends what it says in contract. Ours say...

"if on termination you have taken more holiday than you have earned in that year! the company shall be entitled as a result of your agreement to the terms of this contract to deduct the value of the unearned holiday from any final payment of salary made to you"

 

[JemmaB]

The employer can't take it out of your wages without notifying you and agreeing on the schedule how you will repay it.

Thought not... No point kicking up a fuss about it now though I suppose

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[kimi1101]

Thought not... No point kicking up a fuss about it now though I suppose

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As I said, you'd need to check your contract. If you've had time off that you haven't earned and it's laid out in your contract, then there's not much else to expect.

 

[Deena]

Don't Bank Holidays come into the equation? There are 8 per year and if Easter was in April and there were 2 in May, then that's 4 days extra? Just a thought.

 

[GlamourEyes11]

Don't Bank Holidays come into the equation? There are 8 per year and if Easter was in April and there were 2 in May, then that's 4 days extra? Just a thought.

I would imagine JemmaB gets 20 days plus bank holidays (if her salon is closed on bank hols) otherwise that would only be 12 days holiday a year after bank hols xxx

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[VeryBusyBunny]

This is what gov.uk days:
"Most workers who work a 5-day week must receive 28 days’ paid annual leave per year. This is calculated by multiplying a normal week (5 days) by the annual entitlement of 5.6 weeks."
This means if you still get paid for your bank holidays where you don't have to come to work then you have 20 days holidays - 4 weeks

As I said, you'd need to check your contract. If you've had time off that you haven't earned and it's laid out in your contract, then there's not much else to expect.

Agree to this.

 

[JemmaB]

I would imagine JemmaB gets 20 days plus bank holidays (if her salon is closed on bank hols) otherwise that would only be 12 days holiday a year after bank hols xxx

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That's correct yes and I don't have a contract

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[MrsT87]

Check direct.gov. Holiday entitlement calculator. Will ask you from the holiday start date to the last date your enquiring about and How many days you work. When it gives you how many days you've accrued take off any bank holidays you had off but only if they was on your working day or if you had a day off in loo. And then see if it equals the same. Xx

 

[MrsT87]

Sorry it sounds like the bank holidays will be included in the 13 days. Not sure how many days you do but if you work 4 days a week from April to end of July I think it works out as you've accrued 7.5 days holiday. I could be wrong tho so double check. However they don't have the right to take it all out of your wage without your consent. Xx