Holiday pay

[misssunshine4040]

Employee is full time- 40hour per week and salaried. Has 28 days holiday that run from Nov - Nov.

Used up 19 days so far. If they were to hand in their notice, would they have to pay holidays back? What happens in this situation

Potentially yes, depending on notice period.

1 month notice

So say it was a full seven months (November to end May) into this leave year 7/12 of 28 is approx 16, probably rounded up to 17 a accrued days.

What does the contract say? 28 days inc BH or 20 days plus BH?

You will probably have to pay back a couple of days as calculated above. How this happens is that it is deducted from your final salary payment. Although they're will be another bank holiday as well at the start of May, so 3 days.

This assumes 28 days includes the bank hols. If not, then the calculation will be different.

20 including BH

Edit 28 days not 20

Yes there would one, if not two, yet to be taken in May during notice period.

01/11/23 to 31/05/2024 = 213 days

28 /366 (leap year) x 213 = 16.29 days = 17 days.

As pp said anything over 17 days should be deducted from final salary.

28 including bank holidays, is 20 days per year (this is assuming you have to take bank holidays when they happen, so you’d have 5 bank holidays between November and now, plus the May bank holidays which would be counted). 20/12 = 1.66 days per month, times that by 7 until the end of May and you get 11.66. Assuming 5 of those 19 days are your bank holidays that you took on book holidays, you’d have approximately 2.5 days left to replay. If those 19 days also include the two days for May bank holidays, you’d be looking at maybe half a day to repay.