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Taking too many holidays then leaving a job?

Can anyone help please?

I started a new job on 20th Nov. When we were arranging my start date I mentioned I had 5 days holiday arranged around Christmas and asked if it would be ok for me to take it even though I wouldn't have accrued enough days (the leave year runs to the end of Dec). They agreed, and nothing was said about me "owing" the extra days I wasn't entitled too, or having my leave allowance reduced for 2014.

The job hasn't worked out so I handed in my notice after Christmas. I worked out that I would accrue around 2 days during my notice period so I asked to either take them or be paid for them. My boss has turned around and said that because I took too many days last year, they're not letting me have them!

Can they do this? I assumed that just as you lose any days you don't take, they cannot claw back extra days unless it was agreed in advance? Or am I wrong? Any help would be great, thanks!

Comments

  • BillJones
    BillJones Posts: 2,187 Forumite
    Lots of places have carry-forward on leave days. It's not that unusual to let people carry dates forward, either days unused, or days owed. Does your work definitely not allow carry-over?
  • You can carry over days if it's agreed in advance, you aren't automatically entitled to. There's nothing in the contract or anywhere about what happens if you take too many days, and nothing was said to me about me owing them days either.
  • Were you paid for the holiday over Christmas? If it was taken as unpaid leave then I don't see how they can deduct holiday from this years allowance.

    If they paid you for it then you do technically owe them for those days.
  • AP007
    AP007 Posts: 7,109 Forumite
    rachie767 wrote: »
    Can anyone help please?

    I started a new job on 20th Nov. When we were arranging my start date I mentioned I had 5 days holiday arranged around Christmas and asked if it would be ok for me to take it even though I wouldn't have accrued enough days (the leave year runs to the end of Dec). They agreed, and nothing was said about me "owing" the extra days I wasn't entitled too, or having my leave allowance reduced for 2014.

    The job hasn't worked out so I handed in my notice after Christmas. I worked out that I would accrue around 2 days during my notice period so I asked to either take them or be paid for them. My boss has turned around and said that because I took too many days last year, they're not letting me have them!

    Can they do this? I assumed that just as you lose any days you don't take, they cannot claw back extra days unless it was agreed in advance? Or am I wrong? Any help would be great, thanks!


    OP

    What is your annual holiday entitlement?
    When does the company holiday year start and end?
    What was your last working day?
    How many holidays paid had you taken in the employment?
    Did you get paid for the bank holidays or did you work them?
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  • AP007 wrote: »
    OP

    What is your annual holiday entitlement?
    When does the company holiday year start and end?
    What was your last working day?
    How many holidays paid had you taken in the employment?
    Did you get paid for the bank holidays or did you work them?

    23 days plus bank holidays
    Runs Jan - Dec
    Last working day will be 31st Jan
    Taken 5 working days holiday
    Got paid for the bank holidays but they aren't included when working out holidays accrued
  • AP007
    AP007 Posts: 7,109 Forumite
    rachie767 wrote: »
    23 days plus bank holidays
    Runs Jan - Dec
    Last working day will be 31st Jan
    Taken 5 working days holiday
    Got paid for the bank holidays but they aren't included when working out holidays accrued
    So I make it 2 days holiday for the month of January till you leave

    From the 20th November to the last day of December you accrued 5 weeks holiday entitlement which is 23/52*5 = 2.2

    You say you have been paid for the BH and these do not effect the holiday accrual?

    If you have taken 5 days up to the end of December you do owe them 2 days at least for the holiday year up to Dec 2013 and therefore wont be paid for the 2 days you think you have up to the end of Jan.

    It is common knowledge if you leave a job at any point and have taken too much holiday this money will be stopped from your salary.

    You are expecting 2 days pay but have taken more holiday up to December so they have the right not to pay you.
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  • *Scarlett
    *Scarlett Posts: 1,760 Forumite
    So you were entitled to 2 days holiday and your employer agreed to let you take 5 days - probably on the assumption that you would continue to work there and build up the difference.

    Now you have left you can't really expect them to pay you for the 3 extra days!
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Surely you don't expect them to just give you these days? They kindly allowed you to take time off just a few weeks after being employed without having accrued these days. Then you decide to go and think that it is ok that they should give away the days you owe them?

    Talk about wanting your cake and eat it!
  • FBaby wrote: »
    Surely you don't expect them to just give you these days? They kindly allowed you to take time off just a few weeks after being employed without having accrued these days. Then you decide to go and think that it is ok that they should give away the days you owe them?

    Talk about wanting your cake and eat it!


    ^^^ This.


    There is no such thing as free days where you don't work but still get paid. You asked for them to honour the leave you had booked. They didn't have to say yes. And they could have either refused totally, or left them unpaid. They trusted you would be staying more than a month.


    It's very simple - they overpaid you for last year, they are now taking that overpayment back. Totally legal.
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