Holiday overpayment by Lidl

luccabertone

Hi, Basically i've worked for lidl fot the past 5 years and left in early september due to a combination of the stress of working for such a clown outfit of comapny, very poor management verging on bullying, and genrally being regaurded as sub-human by my employer.

All has been well for the past to 2months in my new job no stress and im really enjoying it, Until today.

I have recieved a letter saying " Following your last salary payment on 28th september 2010 it has come to light that you have been overpaid by a net amount of £561.02

I "think" it stems from being payed for to many holidays, i'm entitled to 35 days a year and took 27 before i left without completing a full year, this was not highlighted to me by any management in the company.

I just want to no what my rights are here because this company robbed alot of money off me when i worked for them and now there trying to get more.

How do i upload a picture so i can show you the breakdown because i can't seem to make any sense out of it at all?

Plz help

Thx
Dan

annibee

Sorry dont know for sure but when i was overpaid years and years ago i got told if they are asking for it back it means they cannot take it back....i just wrote back and said "no" and i never heard from them again lol

McKneff

annibee wrote: »

Sorry dont know for sure but when i was overpaid years and years ago i got told if they are asking for it back it means they cannot take it back....i just wrote back and said "no" and i never heard from them again lol

Wait till someone helps you with the breakdown.

It is the law that you have to pay it back if they prove that you have been overpaid. It is their money, not yours.

It actually sounds as if you knew you had been overpaid and didnt say anything if you say you think you knew how it happened.

You dont have any choice if they pursue it. Of course it can go to court and if proven you will also have the costs to pay. It will also trash your credit record.

darkblue_2

My own understanding was that if it's in your contract of employment or statement of particulars that you must pay back any overpayment, then you must and they may take further action - but if not, then don't bother.

If it is in your contract, you can still insist on paying back by instalments.

Hax

When I left my last employer at the end of March this year, they overpaid me by about £100 and the person who looked after the payroll there was concerned because there was apparently no way they could force me to pay back the overpayment. I did however pay it back to them as it's a small world and you never know who you'll bump into in subsequent years... That said, I was tempted not to pay it back because they refused to allow me to take the full two and a half weeks of lieu time that I'd accrued and so I was effectively "out of pocket".

I'm not sure if there isn't something in law about keeping money that you know isn't yours?

luccabertone

I will check my contract shortly, no i didn't know about it all i've just spoken to some1 i use to work there with and they have helped me work it out but it works out at less than the amount on the breakdown they sent? how do you upload an image so i can show you the breakdown?

darkblue_2

you can host a picture on something like:
http://tinypic.com/

Then click the insert image button in the reply box and insert the link

luccabertone

My contract says regaurding holidays " If on termination of employment your holiday entitlement has been exceeded, the excess will be deducted from any monies payable by the company"

Does that not mean they should have taken this money already?

annibee

McKneff wrote: »

Ignore the bad advice. It is nonsense.

Wait till someone helps you with the breakdown.

It is the law that you have to pay it back if they prove that you have been overpaid. It is their money, not yours.

It actually sounds as if you knew you had been overpaid and didnt say anything if you say you think you knew how it happened.

You dont have any choice if they pursue it. Of course it can go to court and if proven you will also have the costs to pay. It will also trash your credit record.

Firstly dont be rude, secondly its not advice i didnt "advise" anything I clearly said my situation.

barbiedoll

You should be able to work out the approx overpaid amount yourself. When does your holiday year start, is it January or April? At 35 days A/L per year, you are entitled to roughly 3 days per month. If your holiday entitlement starts in April then you would have been entitled to 18 days by the time you left. If it starts in January then you would have been entitled to 27 days. Work out what your daily pay rate is (use a calculator!) and multiply it by the amount of excess days (if any) that you took. If the amount that they are claiming back seems excessive then query it. I still owe my old employer £7.15 overpayment and I get a bill each month, which I still haven't paid. But for a large amount they may start debt collection proceedings. It does sound as though they should have taken it from your last wageslip though, but if they have overpaid you, they are entitled to the money back.

Lottebear

I wouldn'T worry, there is no way they can make you repay as they allowed to you take more holiday than you had accrued. All contracts have that clause in also if there was an issue they should have resovled out of your terminal pay not months after.