A HR question. Can an employer make you pay back bank holidays if you leave?

If the company does not pay Bank Holiday leave then what would it actually be recovering from a departing employee?

Employment contracts I have held state payment must be made for holidays taken that have not been accrued.

So for example if the contract stated 24 days holiday per annum and I leave three months in to the holiday year I will have accrued 6 days entitlement. If I had taken 8 days during the period the company would be entitled to be refunded 2, but if I had only taken 4 days the company would owe me for 2.

Bank Holidays by their nature are fixed events during the year and beyond the control of the employee or employer. Contractual arrangements should exist regarding whether these are worked (for example due to a shift pattern to cover 24/7 operation) or taken either paid or unpaid. Generally they are excluded from the concept of an employees statutory leave entitlement in the majority of businesses - that said it is permitted for an employer to include them in the minimum 28 days (for a 5 day per week employee).

The exact wording of your contract will indicate if the eight Bank Holidays are directly included in your annual entitlement and whether you have been paid or unpaid. If you are not paid for them and do not accrue entitlement to them there is nothing for the employer to claim back.

That's whats happened here. I have done 3 months. It is such a drag to get away from here.