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Annual Leave Owed

Hello!

I have a question regarding paying back annual leave.

I am due to leave my job next week. It is in my contract that I have to repay any holiday I have overtake. I am fine with this, however I am in dispute with my employer about how much I owe.

I am contracted to 40 hours per week. I calculated my annual leave entitlement according to the government guidelines, as well as entering it into the gov.uk leave calculator, which states I should have taken 182 hours to date. I have taken 200 to date and so I have subtracted 200 - 182 and come up with the figure of 18 hours to repay my employer.

My employer believes I owe them 27 hours, though.

I have tried explaining my own calculations and referring to the gov.uk calculated results as well as quoting from several sources on ACAS but they will not budge.

Do I have a leg to stand on? On the phone yesterday my HR manager said that Christmas Day and Boxing Day do not count as annual leave entitlement even though we are 'forced' to take leave on those days as naturally the company is not open. Therefore, she is calculating how many hours I owe on the basis we are entitled to 208 hours holiday.

Any advice or guidance would be greatly appreciated!

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