What do I do?

[KB2651]

This might be long, so thank you if you manage to get to the end of it.

Up until the end of last month I worked in retail on an 8hr contract. I handed my notice in on the 3rd October giving 1 months notice (I was only required to give 2 weeks notice, don't know if it's relevant). This made my last day that I was available to work the 31st, however due to rotas etc my last day was actually the 29th October, and I did my full 8hrs on that day.

Today I received a letter from the company payroll saying as that my last day with the company was the 29th, I owe them £14.98 for the 30th-31st October.

The letter also informed me that I had taken more holiday than I am entitled to at the time of my leaving, meaning that I also owe them £50 something for that too.

There's a contact number at the bottom, and I've tried calling it but obviously no one is there at this time of night, but I'm so stressed right now - I don't need to be finding £70ish a month before Christmas! I'm a full time student and have a 0hr contract with a Nursery, however I don't get regular hours, it's just as and when.

I'm going to call them on Monday and ask for a breakdown but I don't know what to ask? Can anyone help?

I'm wondering if the issue is that you get paid per calendar month (not every 4 weeks)

Go gave 4 weeks notice, not a calendar month otherwise you'd have worked until 2nd November which is Wed.

I'm assuming they would work out your monthly hours for pay calculation as

52 weeks x 8 hours / by 12 months.

Same for hour holiday calculation?

An employer is not obliged to accept when you give greater than contractual notice.

So in your scenario you gave them a month's notice but actually only worked up to 29th. They are able to say that they only have to pay you until 29th if that was the last day you worked. Why should they pay you for 30th-31st if you didn't work those days. Presumably they assumed you'd be working up to the end of the month and so paid you based on that assumption.

With the annual leave it is standard to make a deduction for overtaken leave.

It all sounds right to me (based on the information you have given)

I'm an employment lawyer.

What date did you start and what are the details of the leave you have taken and are entitled to? Does the "leave year" run 1st Jan-31st Dec?

If your contract is for 8 hours a week and you worked the full 8 hours in your final week you are entitled to a full week of pay for that week.

I agree with fish (although I didn't read it that way)

atticus I totally understand that if I was overpaid for holiday, I should pay it back - what I don't understand is why it wasn't taken out of my last months wages? That's what they were supposed to do according to my staff handbook.

fish I started mid February and the holiday year runs 1st April to 31st March.

Thank you all for your replies.

random the holiday entitlement is based on your contracted hours, so for my 8hr contract I was entitled to 48hrs holiday.

Yes but part year holiday entitlement calculations - was talking about how they are calculated!

48 hours for a whole year.

48 hrs on an 8 hr contract is about right - that's 6 weeks of leave.
So how many weeks have you had off since 1st April 2015?

I don't know fish in all honesty. I wouldn't know without checking the paperwork or with my supervisor/ manager or the Rotas. Possibly 4 weeks? That's a guess

Just ask them for a breakdown

Do you think they can make me pay it in one lump? I've budgeted for everything - I have to - and I don't have that spare, especially this time of year, it's tight enough as it is

They can't actually make you pay it at all without taking you to court. They might do that but it's unlikely to be worth their while for that amount of money so they might just drop the issue.

Personally I'd offer to pay them £5 a week starting after Christmas and if they don't like it then tough.

Have you had any further details from them yet?
They can't make you give back money you don't have (you can offer £2 a week or whatever) but they can withold your pay if they still have money you were expecting.