Final Salary

[Crassic81]

Hi All,
I'm new here and hope you don't mind me jumping straight in with a question...
Ok so last week I resigned from my job as a manager in a hotel. The terms of my contract meant that I had to give three weeks' notice, meaning that I am due to leave on the 9th of next month.
I get paid on the last working day of each month.
I have recently been on holiday and so have used up my holiday entitlement, meaning that I 'owe' the company two days. All of that is fine and I expected these two days to be deducted from my final salary (the nine days that I work in March). However, today I have been informed that the deductions have been made from my February pay, and not my final salary.
I will, of course, be working my full notice period so it makes no difference in theory which pay it is deducted from. However, I need a full pay packet this month in order to cover bills and such like and can't afford to lose the £100 that will be coming out.
My question is this- can they make this deduction from the February pay without my consent and if not, what advice could you give me to ensure that I am paid in full this month?
Any help and/or advice would be hugely appreciated.
Chris

[mariefab]

Re: Final Salary

There should be a clause in your contract permitting your employer to recoup overpaid holiday entitlement. Could you type the exact wording here?

[Crassic1981]

Re: Final Salary

Thanks for the reply :-)
I don't have it to hand but I'm aware that they are able to make deductions, I accept that. The issue is more the fact that it is coming from this month's salary and not my final nine days. I really needed the full sum this month.

[mariefab]

Re: Final Salary

What I was getting at is:
1. There needs to be a clause in your contract, or another relevant written agreement, permitting holiday entitlement recoupment. Otherwise they can't make the deduction at all.
2. If there is such a clause it should specify whether, as in most contracts, it can only be taken from the final wage payment.

[paulajayne]

Re: Final Salary

Have you spoken to them stating that you would prefer it to be deducted from the March final pay?