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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To demand my money back from work?

34 replies

Lolabean679 · 30/07/2018 16:42

I'm currently on sick leave at the moment so only in receipt of SSP. At the start of the year I signed up to a work benefit of an extra 5 days holiday a year which I pay for (£30 per month taken prior to tax).

Once I went onto SSP the payments stoped as they "couldn't take the payments from sick pay" - so far so good. However after 2 months off sick, they have suddenly taken an amount of £229 (which is over half of my sick pay) without informing me. My line manager was off for a week so I couldn't get in touch with work to find out what had happened and all HR would tell me is that it's in the terms and conditions and they only take the amount work say (outsourced hr department)

I have tried to get these t&c's but as it's all done through work logins I can't get them.

So my aibu is, am I within my rights to demand this money back? Surely if the can't take the small £30 payments, why can they suddenly take over half my wages?

(So as bit to drip feed, I have handed my notice in and have less than 2 week left, so in essence I'm paying myself as I have lots of unused holidays. Surly just take the holidays off my entitlement. This has left me short for rent and other essentials I have budgeted for with 2 young children at the start of the holidays)

Prepared to accept the fact I am BU.

OP posts:
Original poster
Lolabean679 · 30/07/2018 18:09

Anyone? Could really do with some help/advice on this

OP posts:
ajandjjmum · 30/07/2018 18:10

I would ask rather than demand.

OurMiracle1106 · 30/07/2018 18:11

Have you got a payslip. It should say on it what these deductions are for?

Emmageddon · 30/07/2018 18:14

You need to speak to your line manager, or the next person up for her/him as soon as possible and get this sorted out.

Gizlotsmum · 30/07/2018 18:15

Could it be holiday you aren’t entitled to yet but have taken? Are you on sick leave until you finish?

bluemascara · 30/07/2018 18:16

Is the payment definitely for the extra holiday and not something else?
Also if it's for the year, you will probably still get the use of it... we are only coming into August now.
Ask HR to point you to the t&c'S and don't allow them to fob you off

itswinetime · 30/07/2018 18:18

It really depends on what grounds they have deducted the money. As pp said you need a copy of you pay slip to find out exactly what the deduction was for and you need a copy of your contact (which should have all relevant terms and conditions in). If you have a union you could speak to they may be able to advise further too.

Original poster
Lolabean679 · 30/07/2018 18:22

Thanks for your replys. It's definitely for holidays but I know that I have many holidays left as I obly used about 3 days prior to going off (I always save about 2 weeks for Christmas allowance and as we get bank holidays off i tend to use these to my benefit)

Only managed to speak to my line manager today as they were off all week but they couldn't really answer my questions and said they would check with HR and let me know...

It's more the fact that they took the money without telling me and have left me with £180 for the month :s

Up a creak at the moment...

OP posts:
sugarPlumFairly · 30/07/2018 18:25

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itswinetime · 30/07/2018 18:26

As you are leaving mid year you won't have worked enough to be owed a full year or at least that's how it works in my line of work so it could be that if not I'd ask for a copy of the deal you signed when you signed up to this extra holiday plan.

PotteryLady · 30/07/2018 18:28

When does your sick note run out? Is it before your notice? You may get all your remaining holiday pay when you leave and maybe they can't pay it until you pay for your holidays if you see what I mean.

Original poster
Lolabean679 · 30/07/2018 18:34

Don't want to drip feed but I've decided to leave work as it is in the best interest of my family, a child with autism who was only diagnosed earlier this year, we are still awaiting an award for dla and I have applies for carers allowance to help with costs.

But that's wasn't what my aibu was about. Should I be entitled to money back that work have taken without my knowledge or consent? Regardless if I return to work or not.

OP posts:
Original poster
Lolabean679 · 30/07/2018 18:36

Sick note covers up to the date I leave (after this date to be honest) I'm sure I'll get the money back but it leaves me in a massive shortfall for this month which I haven't budgeted for. Had I know prior to this i could have rearranged bill etc to cover.

OP posts:
itswinetime · 30/07/2018 18:36

Should I be entitled to money back that work have taken without my knowledge or consent? Regardless if I return to work or not.

Of course but the issue is was it taken without you knowledge or consent or was it hidden somewhere in small print? Hopefully your line manager will be able to shed some light on the matter.

sugarPlumFairly · 30/07/2018 18:38

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TruffleShuffles · 30/07/2018 18:42

When does your holiday run from? E.g is it Jan-Jan, April-April? Exactly how many days have you taken before you were sick? If you have taken more than you were entitled to over this time is it holiday you have had to pay back?

Pretenditsaplan · 30/07/2018 18:45

Wow sugar hostile much? From my understanding from the op its about if they cant take these small payments from sick pay (presumably because it takes you under nmw) hiw are they then allowed to take the full amount from the same sick pay. It sound like they breached theyre own policies at the least.

ClashCityRocker · 30/07/2018 18:48

Hmm.

How many days holiday have you had this holiday year? Only thing I can think off is if you've taken more than you've accrued.

I think we accrue something like 1.8 days a month. We can take them when we like, but if we live before we've earned enough holiday we would have to pay back the excess.

Could it be something like that?

Original poster
Lolabean679 · 30/07/2018 18:49

Holidays run jan to jan. I've used very little holidays, unsure of the exact amount but it's around 3 day out of 30 (plus bank holidays but I don't get paid these whilst off sick)

I had a few booked that ran over the sick period prior to actually being off but was informed they would be cancelled off (and I never received any holiday payments) so they go back into my allowance, or so I've been told. (Regular one to one meeting whilst off to keep me updated about work etc)

OP posts:
ClashCityRocker · 30/07/2018 18:49

Sorry just said you've only used three days so unlikely to be that.

Hopefully your line manager can shed some light on it.

itswinetime · 30/07/2018 18:54

You won't be entitled to the full 30 given that you are leaving early so I guess it depends a little when you went of sick. But at three days I doubt it's that.

I think your right it's this extra holiday scheme you are in does the amount taken = all the payments that they haven't taken yet? M

csigeek · 30/07/2018 18:55

If your monthly deductions for the holiday purchase were £30 and they can't legally deduct from statutory pay then they will recoup the costs once you return to work and are being paid.
That being said, if you were off for two months then you only owe £60 for the two missed months.
They should be able to tell you what the £200 deduction is for.
Was that taken from statutory or occupational/company sick pay?

SchadenfreudePersonified · 30/07/2018 18:57

sugarplum

Your comments are unnecessary

This sounds complicated - and if OP has paid into a scheme, then yes, she may be entitled ie have a right to some money back.

It may be that she has misunderstood the terms of the scheme or her employment conditions - we just don't know at the moment, but to start accusing her of being idle and wanting money for nothing is out of order. If OP has been paying into a scheme, then surely if she hasn't had the chance to take advantage of it, because of circumstances beyond her control, she should be entitled to those payments back.

I also think that HR/Payroll should have sent a letter ahead of time explaining what was going to happen - to be unexpectedly down on your wages is horrible.

Original poster
Lolabean679 · 30/07/2018 19:06

The money was taken from SSP which I've been on for 2 months (this month being the 3rd) I'm just struggling to understand why they couldn't take a small amount of £30 for 2 months but then can suddenly take £229? I would have preferred to carry on paying the 30 per month and be better off in the long run, or remove any holidays after checking my entitlement (or hell, just to have told me in the first place they would take it!)

OP posts:
trinitybleu · 30/07/2018 19:11

Sounds like they've taken the balance of your purchased days in July but will pay you for unused holidays in August? Which is shite but the T's & C's might say they take the balance ASAP after resignation because then its up to you if you use the days or get paid for them in your final pay.