Company wont pay

biscuit1_2

Hi all my son has just finished working for one company to move on, everything is above board tax and pay wise. However he has just been told they dont THINK he will be getting any final wage as HE owes them holiday's saying he has had to many and they will using any wages to recover overpaid holidays. Now as far as i am concerned he is owed one weeks wages his week in hand and holidays accrued since October ( hols run Oct to Oct). He shouldn't have been allowed to take any holidays he wasn't entitled to so if he has been overpaid its THEIR problem, now i may be old school and things may have changed regarding the way holidays are earned, am i wrong, if not, what legal channels can he threaten them with to get what he is owed, as to me its illegally with-holding payment.
Cheers

Takeaway_Addict

You are wrong, in the first year that is the only time an employee should accrue holiday but after that they get given the holiday days up front but if they only work half a year and have taken 3/4's of their full holiday allowance then the employer is allowed to reclaim the difference.

Some employers allow employees to take more than they have earnt in the first year, if so and the employee leaves before accruing the holiday days needed then the same applies in that they can claim it back.

Check the calculations but other than that there is nothing wrong in what they are doing.

Not sure about old school but this has been the case for a long time.

biscuit1_2

He has worked there for 2 years, i say old school as i have worked for the same company for 24 years and i had to accrue holidays first

Takeaway_Addict

biscuit1 wrote: »

He has worked there for 2 years, i say old school as i have worked for the same company for 24 years and i had to accrue holidays first

In the first year this is deemed acceptable but year two onwards the employee should just be given their years allocation. If they take to much they pay the difference back, if they take to little the employer pays them for the difference.

At the end it should work out exactly to what was due on leaving date.

biscuit1_2

Right cheers, seems all is above board then, just me being a bit anal thinking he should have a few quid in his pocket. many thanks for your help takeaway