Overpayment of Salary & Holiday Pay

CHARRISON_2

Hi All

I have a two part query here.

I worked for approximately 5 weeks on a full time basis. I decided to terminate my employment and my last day was on 23/07 but I was paid for the full month, up to the 31/07 as payroll has not been notified in time. As such, I was overpaid by about a weeks salary and a few weeks after leaving I was sent a letter asking for me to repay this money. I agree that I do owe money however...

Part 1) I have been asked to repay a gross amount. Do I have grounds to ask to repay a net amount?

Part 2) I did not take any annual leave during the time I worked and in line with this advice (unable to post link but found information related to unpaid holiday on citizens advice.org under 'Work' - 'Time off work' - 'Holidays and holiday pay') I believe I am due holiday pay for this time. My contract stated that I am entitled to 28 days over the year and I accrued this on a pro-rata basis. Roughly, I therefore think I am due about 2 days of pay in lieu of leave for the 5 weeks worked.

In addition, if you guys agree that I am due holiday pay, when I send the money for repayment, would it be acceptable to send an amount less the holiday pay I believe I am entitled to, with an accompanying letter explaining I have taken into account the holiday pay I believe I am due.

Hope this makes sense.

Thanks in advance.

jobbingmusician

I wouldn't just send them an amount.

Ask them for a full calculation of how they have arrived at the figure they are asking you to repay - point out to them that you have obviously been taxed on the final, unearned week's pay and so cannot simply repay them a week's wages. You can then also point out to them that you believe you have some accrued holiday pay owing.

I'm confused about holiday pay, since apparently you accrue this from day 1 but it doesn't count until you work 13 weeks???? Brain not in gear this morning.

CHARRISON_2

Thanks for the response jobbingmusician.

Why does holiday pay not count until I work 13 weeks?

mariefab

jobbingmusician

When it first came into force the Working Time Regulations 1998 contained s.13(7) (the 13 week clause).
This was removed from the regulations, by the 2001 amendment, after the european BECTU case.

http://www.bailii.org/eu/cases/EUECJ/2001/C17399.html

TELLIT01

Although an over payment of tax should sort itself out at the end of the year I don't think NI payments are refunded. At the very least that figure should be deducted from the total they want back if I'm right.