Too many holidays give to me can my employer take them back

lisa4rob09

Hi all


My employer has told me that they have give me too many holidays and that I now owe them back. Is this legal given that it was there mistake?


Thanks

Undervalued

Short answer - Yes.

Sorry!

Southend1

lisa4rob09 wrote: »

Hi all


My employer has told me that they have give me too many holidays and that I now owe them back. Is this legal given that it was there mistake?


Thanks

Yes, but you've nothing to lose by trying to negotiate. Maybe they will agree to split the difference if you ask nicely... Worth a try?

getmore4less

How many did they give you?

Have they included the calculation.

they made one mistake,

how do you know this new allowance is not a mistake?

lisa4rob09

Thanks for all reply's. From what I have looked at on CAB about holiday entitlement and how to work it out it appears right. However they seem to have rounded down my entitlement from 16.8 days off to 16.5 which I know is wrong. As they can round up if they choose but not down.

timbo58

I think most employers would round up to be fair.
However they *could* simply stick to the 16.8 and give you a short day rather than let you have the extra, i.e. make you attend work and actually work the 0.2 part of the working day.

jobbingmusician

I agree that they definitely can't round down!

CKhalvashi

timbo58 wrote: »

I think most employers would round up to be fair.
However they *could* simply stick to the 16.8 and give you a short day rather than let you have the extra, i.e. make you attend work and actually work the 0.2 part of the working day.

We're on a 10 hour standard day (45h contracts, not 37.5), which makes our life easier, but they're not allowed to round down.

To round up is at their choosing

CK

getmore4less

lisa4rob09 wrote: »

Thanks for all reply's. From what I have looked at on CAB about holiday entitlement and how to work it out it appears right. However they seem to have rounded down my entitlement from 16.8 days off to 16.5 which I know is wrong. As they can round up if they choose but not down.

What hours/days are you working?

16.8 would be for a 3 day week if the normal holidays including the bank holidays is the statutory minimum 5.6 weeks(28 days).

lisa4rob09

I work 4 days a week doing 30 hours. There are some there who do 30 hours over 5 days and some 39 hours over 5 days. The people on 39 hours get 22.5 days a year holiday to take plus bank holidays. So what should I get?

getmore4less

If you do 4*7.5 hour days then the statutory minimum would be 4/5 of 5.6 weeks (28 days) so 22.4 days of 7.5 hours each.

It gets a bit more complicated of the days are not event.

If the 39 hours over 5 days(equal hours) are getting 22.4 + 8 BH then that's 30.5 days so a 4 day worker should get 24.4 including any BH that are not worked(and paid) that fall on a working day.


Find out how they calculate the holidays
it maybe on hours then mapped onto longer days which is wrong.

How many holidays do the 5 day workers on 30 hours get?
are they 5 x 6hr days?