Sainsburys - Do I need to pay back holidays?

I recently heard if you have taken your entire year's worth of holidays but leave Sainsburys before the end of the year, you have to pay them back for the holidays taken. Is this true? Will I need to pay for all the holidays taken or just some of it?

On the hand book it says "If you have taken more holiday than you earned by the time you leave, we'll deduct this from your pay along with anything else you owe us, including loans."

Some colleagues are talking about leaving straight after pay day without handing in notice.

We've worked 6 months and I've used up 4 weeks of holiday already. I joined Sainsburys in Feb 2012 and plan to leave in Oct or Nov 2012. I work 21 hrs per week.

I don't recall signing anything saying I will pay back for holidays if I leave before Feb 2013. Hand book doesn't mention exactly what it means by taken more holidays 'than you earned'...
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Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 18 August 2012 at 5:00PM
    I recently heard if you have taken your entire year's worth of holidays but leave Sainsburys before the end of the year, you have to pay them back for the holidays taken. Is this true? Will I need to pay for all the holidays taken or just some of it?
    You, they have then paid you for something your not entitled to and they can reclaim this from you. You'll have to re-pay for the holiday above what you have accrued on a pro-rata basis e.g if your leave is 24 days per year and you leave after 6 months your entitled only to 12 days, any more leave taken than that you'll have to pay it back.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • marybelle01
    marybelle01 Posts: 2,101 Forumite
    It is true of all employers. If you leave straight after pay day, well good luck with that. My employer sends you a nasty letter to start off, then takes you to court and you end up owing even more. And my employer is a nice, friendly, easy going public sector agency - not a private company who are interested in profits and making an example of people!
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    Anything beyond the pro rate'd entitelment will be clawed back from you final pay, leaving straight after payday will not avoid the debt.
    Don’t be a can’t, be a can.
  • DCFC79
    DCFC79 Posts: 40,619 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    denla wrote: »
    I recently heard if you have taken your entire year's worth of holidays but leave Sainsburys before the end of the year, you have to pay them back for the holidays taken. Is this true? Will I need to pay for all the holidays taken or just some of it?

    On the hand book it says "If you have taken more holiday than you earned by the time you leave, we'll deduct this from your pay along with anything else you owe us, including loans."

    Some colleagues are talking about leaving straight after pay day without handing in notice.

    We've worked 6 months and I've used up 4 weeks of holiday already. I joined Sainsburys in Feb 2012 and plan to leave in Oct or Nov 2012. I work 21 hrs per week.

    I don't recall signing anything saying I will pay back for holidays if I leave before Feb 2013. Hand book doesn't mention exactly what it means by taken more holidays 'than you earned'...

    Not just sainsburys but any employer has this policy.
  • denla
    denla Posts: 417 Forumite
    CIS wrote: »
    You, they have then paid you for something your not entitled to and they can reclaim this from you. You'll have to re-pay for the holiday above what you have accrued on a pro-rata basis e.g if your leave is 24 days per year and you leave after 6 months your entitled only to 12 days, any more leave taken than that you'll have to pay it back.

    It's 4 weeks and one day I'm entitled to. I used up 4 weeks before I'll be leaving in Oct or Nov. How many days will I need to pay back? I normally work 4 days a week for 21 hrs.
  • patman99
    patman99 Posts: 8,532 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Photogenic
    You have taken 20 paid days off. On a pro-rata basis, based on 21 holiday days (excl. B/H's) then you are entitled to 21/12=1.75 days/month. By October, you would have accrued 14 days so will have to pay back 6 days.
    By Nov., you will have accrued 15.75 days, so will pay back 4.25 days.

    I have always been told that Sainsburys require 1 months notice when you leave. Failure to give the required notice can give you just as much hassle.
    If you are planning on leaving as you have another job lined-up, then you want to leave on good terms just in case you need a reference from them.
    Never Knowingly Understood.

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  • anamenottaken
    anamenottaken Posts: 4,198 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    denla wrote: »
    I recently heard if you have taken your entire year's worth of holidays but leave Sainsburys before the end of the year, you have to pay them back for the holidays taken. Is this true? Will I need to pay for all the holidays taken or just some of it?

    On the hand book it says "If you have taken more holiday than you earned by the time you leave, we'll deduct this from your pay along with anything else you owe us, including loans."

    Some colleagues are talking about leaving straight after pay day without handing in notice.

    We've worked 6 months and I've used up 4 weeks of holiday already. I joined Sainsburys in Feb 2012 and plan to leave in Oct or Nov 2012. I work 21 hrs per week.

    I don't recall signing anything saying I will pay back for holidays if I leave before Feb 2013. Hand book doesn't mention exactly what it means by taken more holidays 'than you earned'...

    It means that as you work through the holiday year you "earn" holiday equally throughout the year. So work a quarter of the holiday year and you will have earned a quarter of the annual entitlement.

    For the colleagues who say they won't give notice - they are breaking their contract and shouldn't give Sainsbury's as a referee for future work. Perhaps they don't think they will ever need a reference from them.

    How long had you worked before your first pay day? Are you paid for all hours worked up to the time you receive the pay? Are you paid slightly in advance of having worked all the hours?
  • anamenottaken
    anamenottaken Posts: 4,198 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    denla wrote: »
    It's 4 weeks and one day I'm entitled to. I used up 4 weeks before I'll be leaving in Oct or Nov. How many days will I need to pay back? I normally work 4 days a week for 21 hrs.

    When does your holiday year start?
  • DCFC79
    DCFC79 Posts: 40,619 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    When does your holiday year start?

    For 2012 it started 18/3/12 ;)
  • DCFC79
    DCFC79 Posts: 40,619 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Are you paid for all hours worked up to the time you receive the pay? Are you paid slightly in advance of having worked all the hours?

    Staff are paid the friday of week of the next period eg

    Period 1
    week 1 21 hours worked
    wk 2 21 hours worked
    wk 3 21 hours worked
    wk 4 21 hours worked

    Period 2
    week 1 21 hours worked (friday is pay day and pretty sure staff are paid for weeks 1 - 4)

    Think that helps
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