Overpaid?

Undervalued

Lowkey93 wrote: »

I worked 5 days a week, 20 hours but it was classed as part time. And yeah that 22 days includes bank holidays.

This is where it gets complicated!

By law a full time employee must get at least 28 days holiday per year. That may include the eight bank holidays but, legally, there is nothing special about bank holidays and many jobs require you to work them. So the entitlement is simply to 28 days in total.

A part time worker cannot be treated less favourably so is entitled to, as a minimum, pro rata holidays.

Some firms may have special rules about what happens regarding bank holidays for part timers. However, whatever rules they have the person must still get their pro rata entitlement in total even if they have to work every bank holiday! More is fine, less is not.

So, you need to know what your contractual entitlement was as that may be better than the statutory minimum.

Guest101

Undervalued wrote: »

This is where it gets complicated!

By law a full time employee must get at least 28 days holiday per year. That may include the eight bank holidays but, legally, there is nothing special about bank holidays and many jobs require you to work them. So the entitlement is simply to 28 days in total.

A part time worker cannot be treated less favourably so is entitled to, as a minimum, pro rata holidays.

Some firms may have special rules about what happens regarding bank holidays for part timers. However, whatever rules they have the person must still get their pro rata entitlement in total even if they have to work every bank holiday! More is fine, less is not.

So, you need to know what your contractual entitlement was as that may be better than the statutory minimum.

Assuming it's the minimum the OP is entitled to approx 47 hours paid leave for his time there.

op if u got paid more than this u owe it back

Guest101

If u got paid 4 hrs for bank holidays when u didn't work then that needs to be added on

Lowkey93

Guest101 wrote: »

If u got paid 4 hrs for bank holidays when u didn't work then that needs to be added on

LOL bank holidays aren't my fault.

shortcrust

The OP clearly doesn't know why they owe the money. They think it might be to do with the annual leave but even then they think the numbers don't stack up. Even if they do, they argue that they were told they would be paid for the 12 days. We're a long long way from the OP dishonestly appropriating property! There is zero risk of the police getting involved (can you imagine - "I'd like to report a theft...") and zero risk of this damaging your ability to get credit in the future.

Can they contact you? If so I would wait for them to do so. If they can't because they don't have current contact details then get in touch and ask them to explain the overpayment in detail. If you think it's fair then pay the money. Ask for a repayment plan over a reasonable timescale. If you think it's wrong then explain why and ask them to correct it.

Undervalued

Lowkey93 wrote: »

LOL bank holidays aren't my fault.

Legally an employer can totally dictate when you must take your holidays. So, if the are shut on bank holidays then they have, in effect, told you to take holiday on those days.

Undervalued

shortcrust wrote: »

The OP clearly doesn't know why they owe the money. They think it might be to do with the annual leave but even then they think the numbers don't stack up. Even if they do, they argue that they were told they would be paid for the 12 days. We're a long long way from the OP dishonestly appropriating property! There is zero risk of the police getting involved (can you imagine - "I'd like to report a theft...") and zero risk of this damaging your ability to get credit in the future.

Can they contact you? If so I would wait for them to do so. If they can't because they don't have current contact details then get in touch and ask them to explain the overpayment in detail. If you think it's fair then pay the money. Ask for a repayment plan over a reasonable timescale. If you think it's wrong then explain why and ask them to correct it.

I agree apart from the bit I have highlighted in red.

As I said earlier, if the OP doesn't pay and the employer takes them to court it will affect their credit rating if they then fail to pay what the court orders (which will likely include costs).

Guest101

Shortcrust why are you so insistent, it seems we mostly agree.

Lowkey93

this is what the contract states:

Your annual paid holiday entitlement is 22 days. You are also entitled to 8 days paid leave for public holidays. your holiday entitlement, including for public holidays will be pro rated if you work less than a full holiday year and/or if you work less than full time hours (37.5 hours per week) or on less than 5 days a week.

If you leave the company, you will be paid for any holiday pay which you are entitled to but have not taken up to your last day of service. If you have taken more leave than you are entitled to, we will deduct the pay for this from your final salary. If the value of your final salary doesn't cover the value of the overtaken holiday, you must be repay the balance and you agree that the company recover the money from you as as a debt.

Guest101

Lowkey93 wrote: »

LOL bank holidays aren't my fault.

Maybe, but your employer is perfectly entitled to tell you when to take holiday