Can employer make this deduction from pay?

[anon1234567]

Sorry if this is long. Dh's company recently made some redundancies. Dh would have been made redundant but they found an alternative role (I have issues with this as they scored him 0 for self managing then told him he'd be perfect for this self-managing role but anyway, it was a job and he didn't appeal anything cos of this).

He had already started looking for a job and was offered one of the ones he'd applied for. So, as it paid better, he decided to take it. He handed his notice in and after discussing the situation with his bosses (basically he hadn't fully started the new role he'd been offered and was handing over his old work anyway) they said he could finish on the 8th (Friday). He wasn't told at the time but has since been told and had written confirmation that he will only be paid until the 8th and is not being paid in lieu of notice . Is this right?

Now, the holiday at dh's works whereby you can 'borrow' holiday from the following year. For various reasons (new baby generally) he borrowed 6 days from 2010. He's will have worked 6 days in 2010. Today he's heard a rumour (from the person who used to do payroll) that they won't pay him anything this month because of the holiday he's taken is this right? He's working these days for nothing?

All his contract says is that any borrowed holiday has to be repaid, it doesn't say whether it can just be taken from his pay.

[rainbowinthesky]

I think it's pretty standard to have holiday pay you've over taken deducted from your final pay. He's not working for nothing though is he as he's recieved 6 days pay already for holiday he wasnt yet entitled to.

[trixymalixy]

He's not being made redundant so isn't entitled to pay in lieu of notice, sorry.

Also as he as overtaken his holidays they can take it out of his final salary.

[ShinyAndNew]

I'd have thought they can do that. He is not working for nothing is he? They have already paid him, when he took the extra holiday.

[flowerybeanbag]

Sounds fine to me. The fact that his company made some other people redundant recently is irrelevant. The bottom line is he has a job there if he wants it, but has chosen to resign and move elsewhere.

He has to give a certain amount of notice to his employer, but if he wants to go sooner and they allow him to do that, they don't need to pay him in lieu of the rest of his notice period. If he was prepared to work it and didn't request to be released early, and they had then decided they wanted to let him go early, that's different, but it sounds as though he wanted to go early and they are allowing it.

In terms of his holiday, he has taken more than he has accrued so perfectly fine to claw any extra back out of final salary. It would be normal for his contract or handbook or similar to say something about what happens to holiday when someone leaves employment - perhaps in a section on termination or similar - but he can't expect to be paid for holiday he hasn't earned I'm afraid. He's not working for nothing, he's been paid for these days already, and is just working them now.

[RibenaBerry]

What Flowery said!

Why did you expect your DH to be paid in lieu of a notice period that he himself asked not to work? As Flowery said, you only get paid in lieu if you want to work and the employer decides that they don't need you to.

Sorry.