I owe annual Leave to my employer

Lewys182

Hey guys

I owe my employer 7.5 days annual leave, i am having a meeting with them later as i believe this should at the very least be lower.

The problem is that i leave the company this week and start a new job monday. Can they legally deduct my pay for any annual leave i owe them?

thanking you kindly

Lewys182

StuC75

Yes they can make a deduction from any final salary; much in the same way that if you were owed holiday they could make a payment in Lieu of holidays.

Need to check in your contract to see when the holiday year starts & ends.

How many days a month they accrue for your entitlement.

If you work full days or hours, this may accrue as days or hours entitlement.

The check against this the days you have taken, and if any was ever carried over from a previous year if they allow this..

Lewys182

thanks, let me give you a bit more info on my situation


I dont believe I actually owe them any hours, I was unaware that I had gone over my Annual Leave allowance of 25 days per Arpil-March year that they are given to us. They say the 7.5 days I owe them has been calculated over the last 3 years.

My Employer also failed to tell me that i have gone over my allowance, and authorised anything i booked off... I kept a close eye on my leave and was always careful with what i used. 3 years ago I went over, but now I have paid those back by taking less leave the last two years. (this was a totaly of 5 days)

How far back can they trace this, and am i right in thinking that according to the Employees Rights Act of 1996 I have to give them written permission to do so? - if this is the case what is the implications of me not agreeing to them deducting my pay if it turns out I owe them a few days Annual Leave?

Many Thanks

ValHaller

Lewys182 wrote: »

tHow far back can they trace this, and am i right in thinking that according to the Employees Rights Act of 1996 I have to give them written permission to do so? - if this is the case what is the implications of me not agreeing to them deducting my pay if it turns out I owe them a few days Annual Leave?

Ehh?

Ask them to trace it and prove the deduction. They might find in your favour or you might be able to show that their facts are wrong - perhaps you were sick on some days?

You not cooperating with getting to the bottom of it only benefits you if you have something to hide.

Lewys182

ValHaller wrote: »

Ehh?

Ask them to trace it and prove the deduction. They might find in your favour or you might be able to show that their facts are wrong - perhaps you were sick on some days?

You not cooperating with getting to the bottom of it only benefits you if you have something to hide.

I will corner him as soon as he is out of the meeting and ask him to show me all the evidence that I have gone over this allowance...

Are they allowed to deduct leave I woe them from 3 years ago?

AP007

Lewys182 wrote: »

I will corner him as soon as he is out of the meeting and ask him to show me all the evidence that I have gone over this allowance...

Are they allowed to deduct leave I woe them from 3 years ago?

Yes they can deduct any holiday you owe but Id wonder why at the end of year holiday year you were not told you had gone over or they never kept a better check of holiday and at the time when you booked off days they would have said 'oh sorry you cant have this day' or 'you will have to take it as unpaid'

If your holiday pay shown separate on your payslips, just out of interest? That's a good way to prove how much you have had.

antonic

You also need to remember that if you werent leaving, they *could* dismiss you for taking excessive leave.

But as others have said , ask them for the information which makes them think you have done what they allege.

AP007

antonic wrote: »

You also need to remember that if you werent leaving, they *could* dismiss you for taking excessive leave.

But as others have said , ask them for the information which makes them think you have done what they allege.

They can sack you for them paying you too much leave? Really?

antonic

Where I work, if you take more leave than your entitled to , then the answer is yes.

AP007 wrote: »

They can sack you for them paying you too much leave? Really?

mariefab

Is there a clause in your contract of employment/ statement of particulars/ or any other relevant document stating that your employer can deduct overtaken holiday payments from your final wages?

paddedjohn

Don't be silly, the only way you can take leave is by having it authorised so if they authorise too much they can't sack you.

Getting back to the OP, I would be questioning why they are only bringing this up now, if you have hols left over by year end you lose them so it should be the same the other way around die they should have sorted it out at the end of each holiday year in question.