Holiday overpayment by Lidl

McKneff

i got told if they are asking for it back it means they cannot take it back....

That's the nonsense bit, whoever told you that is just talking nonsense (for want of a better word) Was it an employment lawyer, no, thought not.

MrsTinks

I believe that whether you have taken more holiday than you have accrued or not does not mean you are not liable to pay them back - you need to check the figures but yes they can and probably will pursue the amount if they have already requested you repay it. You say that they have "robbed" you in the past - if you mean that they owe you money then you could use this as a negotiating point - and you can reasonably ask to pay back the money over a period of time. I would however contact CAB for advice before you respond to your previous employer

McKneff

Lottebear wrote: »

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.

Of course they can, they can drag you through the courts for it.
They are entitled to their money back, even through legal channels
if needs be.

Go see the CAB, or a solicitor to get it right.

There a a few posts on here who are giving you wrong information and false hope.

donny-gal

Rather than presuming it is holiday pay, wouldn't it be worth writing back asking them to breakdown the amount the claim is owing?

Once that is received, that you can offer to pay them on a monthly basis due to the length of time and you being unaware of owing anything?
DG

fatbelly

Here's some bits from the CAB. Hope it helps.

Actually the experts on this sort of thing are ACAS

Many employees' holiday entitlement is calculated on a pro rata basis throughout the year. This means that they earn so many days holiday each month. Many employers will allow an employee to take holidays before they have actually earned them. If the employee leaves the job having taken more holiday than s/he has earned, the employer can deduct any unearned days from the employee's final pay, provided the contract allows for this.

If the contract does not allow for the deduction of unearned holiday, the deduction will be unlawful. This means that the employee could make a claim for an illegal deduction from wages to an employment tribunal. If the employee's final pay is insufficient for the employer to recover the full amount, or the contract does not allow for this, the employer may sue the employee in the county court (sheriff court in Scotland). In practice this rarely happens.

If the employer claims that the employee has been overpaid wages or expenses, for example, because of a factual error in payment, the employer may be entitled to deduct this amount from the employee's final pay or to reclaim it later as a debt. However, if the employee or former employee, could not reasonably be expected to have realised that there had been an overpayment, the employer may not be entitled to reclaim the overpayment.

luccabertone

Right guys quick update, rang them up today and asked them to explain the break down, they say that i was paid my basic wage for september despite the fact i handed my written notice in on the 13th of sept they claim it's not there problem because there the payroll department. They are also claiming i owe them 8 days hioldiay pay which i had not earned yet, to which i replied why was i aloud to have them or even paid for them and her reply was "i don't know"

When i informed her i was going to seek legal advice she changed her tone and offered to set up a small amount a month payment plan for me which i obviously refused

Stupidly i forgot to record the converstaion or even ask for her name,

Alot of stress has lifted because to be honest it doesn't sound like they have a leg to stand on, what do you guys think?

darkblue_2

If you were overpaid holidays and it was in the contract of employment - you will have to pay it back.

I'm not sure what's going on with the basic wage part, though.

mozzyc

I had to pay back money to my company when I left due to taking too many holidays before I left, sorry.

Simon-Simple

As you were paid monies in error, I believe that your ex-employers could, if they so wish, issue a Claim Form for repayment. I have issued proceedings for various clients over the past who had made the same "mistake", and can not recall having any of the matters "thrown out of Court".
Sorry, but I would recommend that you contact the Company and arrange a repayment plan, or of course you could wait and see if they do threaten legal action, in which case take your documentation including the Contract of Employment to the CAB, or Solicitors, and seek their urgent advice on the matter.