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Overpayment of Holiday

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  • Overpayment of Holiday

    Hi!
    This August I took 10 days of holiday and this was approved by my ex-employer in advance however I was not made aware that I had taken paid leave.

    As I am a university student on a 0 hours contract I was not expecting to have enough accrued days to have paid leave and therefore was not expecting to be paid.

    I was paid the money and left 3 weeks later to return to university. For my final week I only worked 1 day and earned approx. £40 which although not much does cover rather a lot for my shopping etc. as I was still waiting for my loan to come in at the time.

    I did not receive any pay the following week only my P45 with encrypted payslips I could not access. When I enquired with my previous Assistant Manager (the manager was not available) she told me she would contact Head Office and look into it and get back to me in the week.

    I waited 2 more weeks without pay before finally getting a message over Facebook, which I do not think is normal practice (perhaps this is because she is the assistant manager covering for the manager currently on holiday). I was informed that I would not be receiving my pay because Head Office had noticed I had been overpaid and decided to prevent my final pay in order to payback some of that money.

    I was not informed that I had been overpaid before or after my holiday or during my leaving process. There has been no communication with me and they have left me in a difficult position where I am now stretching money until payday to make ends meet. If you have any advice on what I can do, if anything, I would be incredibly grateful!

    Thanks - Kate
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  • #2
    If you are on a zero hours contract you are entitled to pro-rata holiday pay based on the number of hours you have worked.

    For the 10 days in August did you just inform your manager that would not be available for work or did you actually ask to take it as holiday?

    What does your contract say in regard to deduction from wages to cover overpayment made and/or monies owed to the company for excess holiday?
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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