The answer here is always - what does it say in your contract? Unless you have been clear about how you would calculate/claim back holiday in the first year, this will be a non-starter.

In reply to Nina Waters:

Mhmh yes, contracts a mess too, on my list to do already.

It does say this in her contract:

"In the event of termination of employment your entitlement to accrued annual leave will be calculated and any annual leave accrued but not taken will be paid for.  

However, in the event of you having taken any holidays in the current holiday year, which have not been accrued pro-rata, then the appropriate payments will be deducted from your final pay."

And there is a deduction paragrah which also says:

"any holiday pay relating to leave you have taken in excess of that which you have accrued at the point of termination"

But nowhere does it say how that's calculated...

How many weeks is she paid for if she worked a full year - ie 38 hols :- inset?

In reply to Sarah:

Sorry for the late reply, her contract says she's paid for 38 weeks (though payroll is in a mess and we're trying to make sense of it with the newly appointed accountant)

How do you calculate it for a full timer?
I feel like it would be a case of prorating the weekly accrual rate at FTE and then work out how many weeks she worked and that’s her accrued holidays.

In reply to Faye:

We haven't got any FTE "unfortunately" but we were thinking of applying that method too. Thanks