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i ask you all to stay with me on this as i am having a right ding dong with HR OVER THIS ISSUE. I HAVE ASKED FOR SPECIFIC LINKS TO STATUTE LEGISLATION ETC
a staff member has resigned and given a weeks notice and finished friday.
she has used up her 28 day holiday entitlement and the holiday entitlement runs from april 1st to april the 1st
HR have deducted from her final wages the equivalent holiday entitlement.
fine i hear you say, she has had her holiday entitlement, just because she leaves before the holiday period runs out then we will take back what she owes.
in a sense i have absolutely no problem with that but i am asking this now ON A CONTRACTUAL ISSUE ONLY, please forget the rights and wrongs.
when this person joined the company say 15 years ago, the terms of her contract of employment were numbered 1-23
WITH NO MENTION ABOUT TAKING BACK OVERPAYMENT OF HOLIDAY ALLOWANCE
we will now move on to 5 years ago, the employer then brings in clause
"24.4 In the event that during your employment with xxxxxxxx you have taken holiday in excess of your pro-rated entitlement, either at the date of termination of employment or at any time during your employment, xxxxxxx may deduct from your wages the value of the days taken in excess of your entitlement."
as i understand it to bring a fundamental change or imply terms into your contract of employment, the employer must send out the employee a new contract within 30 days to sign
You must tell the employee in writing about any changes to the written statement no later than one month after you have made the change. A change to the statement will still require the employee's agreement
so my question
if the employer has not sent this person a new contract of employment or the employee has not accepted that change, can the employer
1/ rely on this clause 24.4 to deduct these figures from the employees wages even
2/ though the employee did not sign and except this term when the contract was originally signed
3/ is this breach of contract
thanks people
relevent links to statute law would help
a staff member has resigned and given a weeks notice and finished friday.
she has used up her 28 day holiday entitlement and the holiday entitlement runs from april 1st to april the 1st
HR have deducted from her final wages the equivalent holiday entitlement.
fine i hear you say, she has had her holiday entitlement, just because she leaves before the holiday period runs out then we will take back what she owes.
in a sense i have absolutely no problem with that but i am asking this now ON A CONTRACTUAL ISSUE ONLY, please forget the rights and wrongs.
when this person joined the company say 15 years ago, the terms of her contract of employment were numbered 1-23
WITH NO MENTION ABOUT TAKING BACK OVERPAYMENT OF HOLIDAY ALLOWANCE
we will now move on to 5 years ago, the employer then brings in clause
"24.4 In the event that during your employment with xxxxxxxx you have taken holiday in excess of your pro-rated entitlement, either at the date of termination of employment or at any time during your employment, xxxxxxx may deduct from your wages the value of the days taken in excess of your entitlement."
as i understand it to bring a fundamental change or imply terms into your contract of employment, the employer must send out the employee a new contract within 30 days to sign
You must tell the employee in writing about any changes to the written statement no later than one month after you have made the change. A change to the statement will still require the employee's agreement
so my question
if the employer has not sent this person a new contract of employment or the employee has not accepted that change, can the employer
1/ rely on this clause 24.4 to deduct these figures from the employees wages even
2/ though the employee did not sign and except this term when the contract was originally signed
3/ is this breach of contract
thanks people
relevent links to statute law would help
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