Is this legal? Holiday pay

[Pizzahut345]

I'm resigning from a position after just over a month. They want a month's notice, and I resigned last week so my last day will be late September.
The allowance of holiday is 5.6 weeks per year, and like with many jobs in this industry you aren't allowed to take annual leave over Christmas.
I've got a week's holiday booked which was booked prior to interviewing for this role.
I'm currently on that holiday.
Anyway, I've received this and have never heard this before. Does this mean they will be taking a week's wages off me for taking the week of annual leave? I am really worried.

Perfectly normal and perfectly legal.

Of course you have to pay back any annual leave you have taken which you haven’t accrued yet. Totally normal, standard and legal.

Totally normal and legal.

If you’ve worked there 2 months then you’ll get 2/12 of the total annual holiday paid and the rest they’ll deduct from your pay.

You get 28 days per annum (5.6 weeks)

28 days/52 weeks = 0.538 days per week accrued.

To work out why you've accrued, multiply the number of weeks you will have worked there. If it's 10 weeks, your 5 days will be covered and there will be no deduction

I'm amazed you didn't realise this?

Yes it's standard if you've taken more than your entitlement.

So you'll have worked for about 1/6 of the year when you leave? you are therefore entitled to 1/6 of a year's annual leave i.e. just under one week. If you've taken any more, you'll have to pay for it

This is correct if the business does not close for bank holidays and the 8 bank holidays are booked in lieu. If the business does close for bank holidays then there are only 20 bookable days of holiday with the 8 bank holidays being taken on the actual day.

The OP is currently in holiday so if she is UK based then one of her days leave will be a bank holiday, which she is entitled to, and she will need to repeat your calculation using 20 instead of 28 to see if she has accrued 4 days since she started her employment.

She said that she gets 5.6 weeks, so that's 28 days

I'm guessing the BH's are rolled into this otherwise it's an odd number of annual leave days

No, that's right she does get 28 days or 5.6 weeks, it's the minimum legal requirement but if the business closes on bank holidays and you are not required to go to work but still get paid (as you should in that situation) then that will count as a day of annual leave which leaves you with 20 bookable days.

If you work for a business which does not operate on a Monday but opens 5 days a week by operating in Saturday's, common with hairdressing for example, then you would still have 28 days of bookable annual leave.

Sorry yes, the bank holidays are included in the 28 days unless she works for a more generous employer.