redundant, holiday repayments ?

skotyboi

i was made redundant on 30 june 2011, the day after returning from two weeks abroad (10 working days) which i needed to take as holidays.
our holiday year runs to the financial year, april to april.
i was promised a weeks pay in my redundancy and no holiday repayments were mentioned.
today was supposed to be my payday, i have had nothing from this company, when i called them, they are saying that i owed them money from overusing my holidays, which was taken up by my weeks pay. Not only that, but they now say there is still £195 still to pay and they want me to pay that.

now surely that cant be right ? if they make me redundant i shouldnt be held responsible for holidays i've taken previously as it wasnt my choice to leave the company at that point, and surely i should'nt have to pay extra for what i've used!

can somebody assist me please ?!!

skotyboi

can someone please reply to me ?
i need help urgently !

skintandscared_2

I don't know about redundancy law but I'd imagine those who do would need to know how long you've worked for this company prior to your redundancy as that probably affects what you're entitled to. People at our firm have had to repay overtaken holiday when they've left, but that's been when they have resigned.

skotyboi

i'd have no issue of repaying if i would have resigned, but when i have no intention of leaving and unaware i was being made redundant i am certainly against it

an9i77

Unfortunately you are only entitled to your holiday allowance up to the day you leave employment no matter if its a resignation or a redundancy or whatever. So if their holiday year runs april to april , you take two weeks in june and then leave (via redundancy) you are only entitled to pro rata holidays for the period april to june. Which would be about a week assuming a typical 20-25 days per year. So you have overtaken on your holidays and they are entitled to recover this. It may sound harsh but it's the way it works I'm afraid. Also it make sure it's fair for other employees so if somone else left at end of June (or was made redundnat) and hadn't taken any holiday for the year, they couldn't turn round and say you'd had two weeks off and they hadn't.. I know you didn't choose to leave the company but that doesn't come in to it. Contract ends = holiday entitlement ends.

isplumm

skotyboi wrote: »

i'd have no issue of repaying if i would have resigned, but when i have no intention of leaving and unaware i was being made redundant i am certainly against it

how long had you worked for them - what notice period did you have?

Mark

an9i77

OP did they pay you in lieu of notice, or keep you on your notice period until you left? If they gave you pay in lieu as part of your final payment, then you are not entitled to the holiday that would have accrued on the notice period.

skotyboi

ok thanks for setting me straight, not what i hoped for but thank you none the less.

skotyboi

p.s

this thread can be closed if u wish now