Redundancy - Pay back used Annual Leave?

skipfeeney

Hi All,

My wife is being made redundant and they want her to pay back used Annual Leave from her final wage.

She is entitled to 25 days a year, and has used all the days up. They have informed her that as she is being made redundant midway through the year she has to pay back 5 days.

Is this correct?

Thanks

TadleyBaggie

Sounds right. She would accumulate 2 days per month, so by the end of October her entitlement would be 20 days. If more than that has been taken then its reasonable to expect that it must be repaid. Of course if less than 20 days had been taken, the company would have had to pay for the unused days. Pretty standard stuff.

vacheron

Agreed.

Otherwise, if your wife hadn't taken the 25 days off already she would have worked 25 days more for the same amount of money.

Nick_C

And equally if she had not used all her entitlement, it would have been paid to her as part of the settlement.

LittleVoice

skipfeeney wrote: »

Hi All,

My wife is being made redundant and they want her to pay back used Annual Leave from her final wage.

She is entitled to 25 days a year, and has used all the days up. They have informed her that as she is being made redundant midway through the year she has to pay back 5 days.

Is this correct?

Thanks

Is she working part-time?
Does she get bank holidays too or does she work those days?

mariefab

Does her contract, handbook etc. have a clause stating that overtaken holiday pay can be recouped?

I ask because in the absence of such a relevant agreement, her employer cannot recover the holiday pay.

HOWMUCH

You normally accrue annual leave as the year goes on so yes they can take payment back. If she had not taken enough leave then payment would have been make for the leave she had accrued.

[Deleted User]

mariefab wrote: »

Does her contract, handbook etc. have a clause stating that overtaken holiday pay can be recouped?

I ask because in the absence of such a relevant agreement, her employer cannot recover the holiday pay.

I didn't know this so thanks you've confirmed what I nearly asked! explains why I haven't been asked to pay back any a/l as I was in similiar position used up all leave at time of redundancy, well apart from a couple of days that had to be kept for an xmas shut down so suppose that could have been to my saving! but my (now ex) employer's reaction sure wasn't and hasn't been to ask me to pay back leave - least that is something