I’ve worked at a garage for two years. Our holiday period runs from January to December. I’m entitled to 28 days’ holiday this year, but plan to leave at the end of April. How much holiday pay would my boss have to give me? He says he can take any holidays you’ve taken up to that point off your wages.
If you leave at the end of April you will have worked for a third of your holiday year and will therefore be entitled to a third of your annual holiday pay, less any days you have taken as holiday up to that point. If you were to take all 28 of your holiday days before you left, your employer could recoup the holiday pay overpayment from your final wage packet assuming there is a written agreement allowing him to do this.