Ex-employer want to charge me for overpaid holiday

[kierownik]

Hello there.
I have a problem with my ex employer.
I left the company over 3 months ago. Few days before I left I was told that I used too many holidays and will have to pay it back, to which I agreed. On my last payslip I was charged for 3 days which left me with 71pound net pay. After that I recived a p45 and I thought that this was the end of the story. Yesterday, after 3 months I recived a letter from my old employer in which he is trying to charge me for another 2 days of overpaid holiday. Is this legal, if yes what can I do to avoid the charge? I can't even check if I was or wasn't overpaid because I don't have my records anymore as I got rid of everything as I thought we were all even.
I'll be very gratefull for any advice in that matter.
Thank you.

[Kati]

Re: Ex-employer want to charge me for overpaid holiday

[MENTION=26290]mariefab[/MENTION] [MENTION=70489]judgemental24[/MENTION] [MENTION=48758]stevemLS[/MENTION]??

[mariefab]

Re: Ex-employer want to charge me for overpaid holiday

You say that you agreed to the earlier 3 day deduction.
Was this because there was already a clause in your written contract of employment authorising recoupment of overtaken holiday? Or did you sign a seperate agreement?

[kierownik]

Re: Ex-employer want to charge me for overpaid holiday

You say that you agreed to the earlier 3 day deduction.
Was this because there was already a clause in your written contract of employment authorising recoupment of overtaken holiday? Or did you sign a seperate agreement?

Hi. Thank you for your reply.

I said I agreed for the earlier 3 days verbally when spoke to my manager. In fact when he told me I will have to pay back some money he only told me that I "may" owe them a few days holiday. But never stated how many.

I've spent some time on the phone with the company today and apparently used 5 days too many holidays. They recovered 3 of them from my last payslip and for some reason 3 months later they sent me this letter in which they are trying to recover another 2.

So to sum it all... I wasn't exactly aware how many days I owe them. They recovered 3 from my last payslip so I thought that we were even. 3 months later they want me to pay for another 2 days that I wasn't aware that I owe them and nobody ever told me that I do.

I also requested the copy of my contract and record of holidays I used. My manager told me today that there is something in the contract stating that any money that employee owe to the company may be recovered this way or another but again, I'll be able to get the exact wording once I recive the copy of my contract.

masdopey:

[mariefab]

Re: Ex-employer want to charge me for overpaid holiday

In order to recover overtaken holiday pay there must be a written agreement.
Often it's included in the contract of employment.
Was there such a clause in yours?

[mariefab]

Re: Ex-employer want to charge me for overpaid holiday

OK, when you receive the copy of your signed contract post the exact wording here.

[kierownik]

Re: Ex-employer want to charge me for overpaid holiday

OK, when you receive the copy of your signed contract post the exact wording here.

I certainly will.

Thank you!

[kierownik]

Re: Ex-employer want to charge me for overpaid holiday

Here's what it says in my contract

[nemesis45]

Re: Ex-employer want to charge me for overpaid holiday

Good morning,

What sort of business is this?

nem~

[kierownik]

Re: Ex-employer want to charge me for overpaid holiday

It's a bus company.

[mariefab]

Re: Ex-employer want to charge me for overpaid holiday

Holiday pay is covered by the Working Time Regulations 1998.
To recover pay for overtaken holiday there must be a prior relevant agreement in place.
See WTR 14(4) below.

http://www.legislation.gov.uk/uksi/1...lation/14/made

23 & 23.3 only entitle them to deduct the 3 days overpayment that they already took from your wages.
By having those clauses in your contract they complied with the legislation permitting them to make that deduction. See ERA 1996 13(1)(a) & 13(2) below and WTR 14(4) above.

http://www.legislation.gov.uk/ukpga/...ns-by-employer

However, nothing you've posted entitles them to require you to make any payments to them.
See 15(1) & 15(2) below.

http://www.legislation.gov.uk/ukpga/...ts-to-employer

So, because there's no clause agreeing that you will make payments, you don't have to re-pay the other 2 days.

[kierownik]

Re: Ex-employer want to charge me for overpaid holiday

Thank you for that. It is very helpful. I'll be fighting for it then and see what they happens next.

[matt3942]

Re: Ex-employer want to charge me for overpaid holiday

I think I would challenge this deduction as it's not an overpayment, as per the employment contract. The term 'overpayment' is the reason the ERA does not apply in relation to the repayment of unaccrued holidays, as determined by case law. I shall have to dig out the case in point.

- Matt

[teaboy2]

Re: Ex-employer want to charge me for overpaid holiday

Alsso the key wording of term 23 in the contract is "to be paid from the company too you"

Therefore there's only an agreement to make such reductions from sums they pay you at the time they pay you. There is no agreement for you to pay back any sums overpaid, outside of them deducting it from wages paid to you at the time you were paid.

So you owe nothing. And can treat the over payment, if indeed there was one, as a gift sum - Especially since they failed to request it along with the earlier 3 days that they deducted from your last wage!