Calling any emplyment experts out there (flowery!), been told I have had too many holidays....

[ssd]

through no fault of my own, the company I work for has told me I've been given too many holidays and bank holidays for the past year and I need to now pay back the overpayment (£300!!!!!)

I get minimum wage, been there 7 years and work 20 hrs a week.

I'm not management, am lowest in the food chain at work, I was told I am due X amount of holidays and my holidays were authorised by my line manager

now after an audit by a new top manager I'm told I was given too many hols this past year (by mistake on their part) and I owe them ££££'s, which I certainly cant afford to pay back, nor can I afford to quit the job in disgust (which is what I want to do)

any advice on how I should handle this best? many thanks.

[sleepyhead]

I think there's a maximum amount your employer is allowed to deduct from your pay each month for this sort of thing so you should be able to pay it back over a period of time.

Did you not know how many holidays you were entitled to in your contract? How many extra days did you have?

I'd be raging, but I suspect you'll have to pay it back.

[sleepyhead]

Here's some info about permitted deductions

www.nidirect.gov.uk/pay-deductions

[ssd]

I have no contract. despite the promises of them getting these organised!

I was told "you get 20 days holidays and double time on bank holidays" so have worked on this premise for 7 years, I would fill out a holiday request form and it would be authorised by my line manager

now, recently, the top boss has changed and my overpayment has came to light.

[ssd]

thanks for link, will take a look

[sleepyhead]

They maybe didn't pro rata your bank holidays.

if you haven't signed anything authorising them to make deductions then maybe you can get away with it (serve them right for not sorting a contract)

[ssd]

just seen this from the link above

"A deduction must not reduce your pay below the National Minimum Wage rate (except a limited amount for accommodation). This applies even if you have given your permission for it."

I get NMW, does this mean I'd be protected from them trying to take money back off me?

[ssd]

but sleepy, this is what I resent from them, they feeling I've got away with something!! I was told this is what you are due and thats what I worked on, I didnt ask for anything more, so why should I be made to feel I'm getting away with something?

[FunkyBoldRibena]

How many days have you had, how many days a week do you work and when does your leave year change [usually 1st Jan or 1st April]?

[ssd]

I work 4 days, have had 26 days, the change happens 1 april

dh works in a job where he works 5 days and gets 29 days so I didnt think mine was very unusual, nevermind wrong.

[sleepyhead]

I know. I had the same thing with an overpayment of wages when I went part time. I trusted that I'd been paid correctly so it was galling to have to pay for someone else's mistake (and the first I knew about it was when payroll took it all in one go and I nearly missed my mortgage payment . There was a big fuss about that.)

However, I did get money that I wasn't entitled to (although I hadn't asked for it) though, so if I hadn't paid it back I'd have "got away with" something that wasn't mine.

Shitty to ask for holidays to be paid back though.

[Cinnamoncookie]

If you've been doing the same thing for the last 7 years, and the holidays have all been previously authorised by your line manager, IMO they would find it hard to present a legal case for claiming money back off you. They have not provided a written contract with a stated holiday entitlement which differs from what you have had, and they have authorised what you have taken. This could come under the heading of 'Custom and Practice' regarding employment contracts see here for more information

If they want to now provide you with a written contract with different terms, that's a whole different issue, but if they are trying to claim back money, you need to get proper legal advice.

[ssd]

am wondering about the NMW thing, if they took any money off me my wage would be immediately below the NMW and I think from that link above this isnt allowed?

[ssd]

thanks cinnamon, I'm going to CAB on Monday!

[edamsavestheday]

Have a look at the ACAS site - experts in employment disputes. Minimum wage point sounds interesting and positive for you. Can't link as on stupid Kindle but ACAS are easy to find.

[LIZS]

Do you work 20 hours a week or have fixed days ? Normally an allowance would be 20 divided by 35(or however many hours is defined as ft) times the ft holiday allowance plus BHs. If you don't regularly work Mondays but they have included the hours for those BH in your allowance then I guess you may have inadvertently taken too many. tbh if they have been authorised I think they'd have trouble deducting the money now. £300 must amount to a significant number of days at mw though.

[ssd]

will look, thanks

[ssd]

TBH, I have been told £300 by a second party who loves to stir things, I haven't been told the exact amount but am very worried it might be in the £100's and wanted advice before they rail-road me, as they like to do (as I mentioned I'm the lowest of the low in there...)

[CaractacusPotts]

If you work 4 days a week then you are entitled to a statutory minimum of 23 days holiday per year!
That makes 3 days over and on NMW for 5 hours a day struggling to see how they have for to £300 :-/

[ssd]

thanks everyone, I'm going to phone ACAS and I'll let you know the outcome.x

[ssd]

well, just phoned ACAS. very worthwhile, what a great service.

I dont owe anything, as I have no contract I go by a thing called custom and practise (link above, thanks!),which means as I have had the same amount of holidays for 6 years then that is what I'm now due and if the company want to change this then this is called a variation of contract and I need 7 wks notice of this.

feel much better now xx

[flowery]

They are nearly right.

Yes your contractual holiday is what you've had for 6 years, they can't just decide to reduce it.

However it's certainly not as simple as just giving you 7 weeks notice to change your terms and conditions.

[ssd]

thanks flowery, I know they will want to reduce it, can you advise me on this please.