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.

they will want to reduce it to the stat minimum allowed

Excellent

Ssd, if they want to vary your terms and conditions they have to do it by agreement - for example they could ask nicely or offer you compensation to reduce your holidays. If you refuse they could serve notice and then you might be able to resign and claim constructive unfair dismissal if the changes are material enough.

Phone the ACAS helpline, they are so helpful!

They'd need to consult with you about the proposed change, and seek your agreement. If I were advising your employer I'd suggest offering you a lump sum as Hermione mentions in return for your consent. You can refuse to give your consent to the change, and they could consider dismissing you then reengaging you on the new terms, or just giving you notice they they are taking your holiday away and you could considering constructive dismissal, or at least a grievance.

As it's their mistake, and as it effectively represents similar to a paycut for you, in that you are going to be asked to work more hours for the same pay, that's why I'd be advising them to chuck some money at the problem, rather than trying to force it in an unpleasant, time consuming way.

if I claimed constructive dismissal though, would this involve me taking them to an industrial tribunal, costing me £250 to start with then £950 for a hearing?

or is that something different?

Yes, and it may all not be worth your while doing that, although you would have a financial loss to demonstrate which makes it a bit more worthwhile.

I would suggest being very clear to them that your terms and conditions are x and you understand your consent is required to change those terms, and you are not prepared to give your consent, as this represents a loss to you of £x annually, and is effectively a significant pay cut. Hopefully they'll then take advice and will offer you some money, or drop it, or compromise with a gradual reduction or something.

Some terms and conditions changes are essential for business reasons, and those are easier/more justifiable to force through. I'm not convinced they could come up with solid business reasons for reducing the holiday entitlement you've had for 6 years.

can I quote terms and conditions if I have no contract?

Yes, they are still your terms and conditions, they don't need to be written down.

so if the bank holidays have been paid the same way for 6 years and my holiday allowance hasnt changed then these can be classed as terms and conditions?

Yep

thanks.

I think given it's their own mistake they should be at meat negotiating with you what to pay back- or this should be something you'd be prepared to offer. It's unfair on you that you have to pay or their mistake especially if you had been unaware it should be any different. If you can't afford it maybe suggest either making time up or reducing annual leave next year? Again ensure you negotiate, don't take the full whack, ATEOTD it's not your fault, it's theirs!

In terms if making deductions from your salary i don't think they are able to without your authorisation and again it boulder take you less than NMW.