Help with holiday pay

getmore4less

As I said previously you need to go through the records.

they have to be able to show you owe the hours.

if the records are wrong(which you say they are) raise an issue with every error.

If you are recorded as taking holidays on a Friday but did not work Fridays point that out, do it for every error on the system you can identify.

You have to dispute their calculations, ask for a full breakdown and tell them that you do not agree to any deductions until there is prove of what you owe.


But is still goes back to you new the system was a mess so should have bene checking, lesson learnt(hopefully).

muffinmannen

getmore4less wrote: »

Why were you not checking it yourself as you went along.

It would have been obvious after the first days holiday if the manager was under recording by that much each time you would notice 7 extra hours.

NEVER trust a companies system for holidays and flexi TOIL.

getmore4less wrote: »

As I said previously you need to go through the records.

they have to be able to show you owe the hours.

if the records are wrong(whicbh you say they are) reaise a n issue with every error.

If you are recorded as taking holidays on a Friday but did not work Fridays point that out, do it for every error on the system you can identify.

You have to dispute their calculations, ask for a full breakdown and tell them that you do not agree to any deductions until there is prove of what you owe.


But is still goes back to you new the system was a mess so should have bene checking, lesson learnt(hopefully).

thanks, lesson learnt that's for sure.

Assuming worst case scenario have yo any idea what the options will be? Will it be required that all outstanding holidays be taken from final pay? Concerned about bills etc.

Undervalued

You do certainly need to gather as much evidence as possible then double / triple check their calculations before the final pay is issued.

The problem otherwise is that you have no means of preventing them making the deduction. OK, if you subsequently find evidence that they are wrong you could claim it back but that puts the ball firmly in your court and doesn't help in the short term.

If they are right (or partially right) you may be able to get them to agree to repayments over a period of time. Unfortunately though the final pay is the one time employer's can make deductions right down to zero if need be and are not limited by at least paying the minimum wage. For this reason agreement would be far better than confrontation.

getmore4less

The issue is they have your money and can just not pay it. then you have a fight to get it paid and that will take time.

I think you need to do two things.

Agree there may be a n error but question the calculations, point out they should not take any money till they have proved they have it right, could ask why these records are not checked every year, do they really have the proper records going back 3 years.

How many others are effected have their records been checked, if not why not are they just waiting till people leave and then sting them(might be worth considering how you want to deal with this point, eg. has anyone else left and had the issue, if they have then they should have checked all record then)

Do your own calculations from whatever record/memory you have.

Point out that one the amount is agreed taking the payment back in one go will put in financial distress and that they should offer a payment plan over at least the same period that the errors occurred.

muffinmannen

Undervalued wrote: »

You do certainly need to gather as much evidence as possible then double / triple check their calculations before the final pay is issued.

The problem otherwise is that you have no means of preventing them making the deduction. OK, if you subsequently find evidence that they are wrong you could claim it back but that puts the ball firmly in your court and doesn't help in the short term.

If they are right (or partially right) you may be able to get them to agree to repayments over a period of time. Unfortunately though the final pay is the one time employer's can make deductions right down to zero if need be and are not limited by at least paying the minimum wage. For this reason agreement would be far better than confrontation.

Thankyou, clarifying the final payment situation has been very useful. I'll have a meeting either today or tomorrow to discuss the details but knowing they have the right to zero final wage check does put things into perspective.