-2

I am from the United Kingdom

I am not looking for any legal advice. I am just confused to this situation.

This question is a follow up from: Can you leave a job without giving notice?

Basically, I left this company, but before that, I took 2 weeks (10 days) holiday and when I came back, I took 2 days holidays before leaving. I left on bad terms and now my employer is saying that I owe them money for taking too many holidays.

I have been at the company for just under a year, around 10 months. As far as I am aware, I should be entitled to these holidays, I can't seem to figure out how many holidays you are entitled to, as I read that I am allowed 28 days paid holiday?

closed as off-topic by DJClayworth, Kent A., gnat, Roger, Jane S Jul 3 '15 at 23:03

This question appears to be off-topic. The users who voted to close gave this specific reason:

  • "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Kent A., gnat, Roger, Jane S
If this question can be reworded to fit the rules in the help center, please edit the question.

  • 2
    Without knowing the rules on taking holidays at your company this is impossible to answer. Especially as you don't tell us how many holidays you are entitled to in a normal year. – DJClayworth Jul 3 '15 at 19:45
  • @DJClayworth I was not given a formal contract.. So I cannot answer this. – Uninvited Jul 3 '15 at 19:46
  • 2
    If you don't know how many days off you are entitled to, then we don't. Different companies give different amounts of time off to their employees. – DJClayworth Jul 3 '15 at 19:47
  • 1
    A widely used way of calculating this would be that if you have worked 10 months, you get roughly 10/12 of your leave allowance, or about 23 days. But your company may work differently. Some will give you nothing for the first few months. – DJClayworth Jul 3 '15 at 19:53
  • 1
    You are legally entitled to 20 days pro-rata throughout the year and the 8 bank holidays, which your company can ask you to work; at which point you can take them whenever. You don't get 28 days automatically and even if you did it would make a difference when you took them. If your company's holiday year is April to March and you've had 12 working days of since April you almost certainly owe them money... – Ben Jul 4 '15 at 3:35
3

I suggest writing to them asking them to supply, in writing, an explanation of exactly how they calculated your vacation. At the same time, if there is any missing paperwork, especially tax paperwork, ask for that. Have the letter sent through a service that records both to impress them and to establish a record that they did receive your demand for an explanation.

If you legitimately owe them money, they should be able to supply an explanation referencing an employee handbook or whatever document describes their vacation rules, and showing how they applied those rules to your case. If they are just hoping to get you to pay because you left on bad terms, they may be reluctant to put details in writing.

1

In the UK the norm is to pro rata the holiday through the leave year if you take 50% of your holiday and leave 25% of the way though the year you do owe them its normally deducted from your last pay cheque.

You may be limited in how much leave you can carry over.

You need to say when you leave year starts.

  • @Prepone - So they are right and I do owe them money? – Uninvited Jul 3 '15 at 21:31
  • 1
    I think the 28 days will include bank holidays. Your actual leave entitlement will be lower. You could well owe them for leave taken but not yet 'earned' – Rob Moir Jul 3 '15 at 22:17
  • @Uninvited depends when does the leave year start? – Pepone Jul 3 '15 at 22:49
  • 1
    Find the rules at gov.uk/holiday-entitlement-rights/entitlement . Statutory (legal) rights are 28 days paid holiday, including 8 days bank holidays. You often have in your contract something like "bank holidays plus 23 days paid holidays". If you worked 10 months, you are entitled to 10/12ths of that. If you took more holiday, you pay. If you took less holiday, they pay. – gnasher729 Jul 5 '15 at 6:14

Not the answer you're looking for? Browse other questions tagged or ask your own question.