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Holiday Pay Disputed After Notice
Sassybot
Posts: 80 Forumite
Today was my final day at a rather dreadful company and I was hoping for some advise.
Despite giving a week's notice my manager called me into his office and demanded that I make my new employer allow me to work Monday. Since my new employer stated they need a reference from my most recent employer I called them and explained the situation. There is a lot more to this story (harassment etc) and it resulted in my new employer saying that he didn't want the reference from them and that I should come in Monday as old employer didn't have a leg to stand on.
Explained to my manager that there was no way I could work for them Monday and was accused of stabbing him in the back, being selfish etc etc.
Half an hour after leaving his office I'm called back in. I had taken more holidays than had accrued and he said that if I worked Monday he would write it off, if not I would owe him £250 quid. I was pretty angry and being bribed so said no and walked out.
About 20 minutes before I was due to go home I was summoned once more into his office and he was there with the FD. Apparently I owe 7.5 days holiday, which they said equated to £750. He was going to deducted money from my final pay of £500 leaving £250 owing. They wanted me to sign a piece of paper that said that I would email them saying I allow them to take my final pay and that I then owed 2.5 days extra. I didn't want to sign it until I understood but they essentially forced me (not letting me out the room, being quite threatening, saying I couldn't go home until it was sorted), in the end I signed it, packed my stuff up and came home.
I've checked my contract and it states that they can take any money owed out of my final pay (which I believe they still have to leave me with national min wage). It doesn't say anything about them being allowed to invoice me for any extra money. Does anyone know is a) they are allowed to take my final pay if I do not write saying they can, and b) can they essentially invoice me for any extra money despite my contract not specifying that?
Frankly after all the bullying, harassment and today's bribery attempt (of which I have evidence of) I'm doubtful they would take it any further than threatening letters etc, but I would like to know where I stand legally. I would also like a big drink :beer:
Despite giving a week's notice my manager called me into his office and demanded that I make my new employer allow me to work Monday. Since my new employer stated they need a reference from my most recent employer I called them and explained the situation. There is a lot more to this story (harassment etc) and it resulted in my new employer saying that he didn't want the reference from them and that I should come in Monday as old employer didn't have a leg to stand on.
Explained to my manager that there was no way I could work for them Monday and was accused of stabbing him in the back, being selfish etc etc.
Half an hour after leaving his office I'm called back in. I had taken more holidays than had accrued and he said that if I worked Monday he would write it off, if not I would owe him £250 quid. I was pretty angry and being bribed so said no and walked out.
About 20 minutes before I was due to go home I was summoned once more into his office and he was there with the FD. Apparently I owe 7.5 days holiday, which they said equated to £750. He was going to deducted money from my final pay of £500 leaving £250 owing. They wanted me to sign a piece of paper that said that I would email them saying I allow them to take my final pay and that I then owed 2.5 days extra. I didn't want to sign it until I understood but they essentially forced me (not letting me out the room, being quite threatening, saying I couldn't go home until it was sorted), in the end I signed it, packed my stuff up and came home.
I've checked my contract and it states that they can take any money owed out of my final pay (which I believe they still have to leave me with national min wage). It doesn't say anything about them being allowed to invoice me for any extra money. Does anyone know is a) they are allowed to take my final pay if I do not write saying they can, and b) can they essentially invoice me for any extra money despite my contract not specifying that?
Frankly after all the bullying, harassment and today's bribery attempt (of which I have evidence of) I'm doubtful they would take it any further than threatening letters etc, but I would like to know where I stand legally. I would also like a big drink :beer:
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Comments
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I think the first step would be to calculate precisely how much holiday pay is owed - what is your holiday year, allowance, and days taken so far?0
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Today was my final day at a rather dreadful company and I was hoping for some advise.
Despite giving a week's notice my manager called me into his office and demanded that I make my new employer allow me to work Monday. Since my new employer stated they need a reference from my most recent employer I called them and explained the situation. There is a lot more to this story (harassment etc) and it resulted in my new employer saying that he didn't want the reference from them and that I should come in Monday as old employer didn't have a leg to stand on.
Explained to my manager that there was no way I could work for them Monday and was accused of stabbing him in the back, being selfish etc etc.
Half an hour after leaving his office I'm called back in. I had taken more holidays than had accrued and he said that if I worked Monday he would write it off, if not I would owe him £250 quid. I was pretty angry and being bribed so said no and walked out.
About 20 minutes before I was due to go home I was summoned once more into his office and he was there with the FD. Apparently I owe 7.5 days holiday, which they said equated to £750. He was going to deducted money from my final pay of £500 leaving £250 owing. They wanted me to sign a piece of paper that said that I would email them saying I allow them to take my final pay and that I then owed 2.5 days extra. I didn't want to sign it until I understood but they essentially forced me (not letting me out the room, being quite threatening, saying I couldn't go home until it was sorted), in the end I signed it, packed my stuff up and came home.
I've checked my contract and it states that they can take any money owed out of my final pay (which I believe they still have to leave me with national min wage). It doesn't say anything about them being allowed to invoice me for any extra money. Does anyone know is a) they are allowed to take my final pay if I do not write saying they can, and b) can they essentially invoice me for any extra money despite my contract not specifying that?
Frankly after all the bullying, harassment and today's bribery attempt (of which I have evidence of) I'm doubtful they would take it any further than threatening letters etc, but I would like to know where I stand legally. I would also like a big drink :beer:
Not in your final pay I'm afraid. They can deduct right down to zero (obviously assuming you owe the money). If you owe more than that then yes, they can invoice and if needs be sue you for it.0 -
When did you give your weeks notice(date)?0
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I technically owed them 7.5 days holiday. I was paid on Friday so my company would owe me for the week's notice period. The company wanted to take all of the notice periods wages, however they had to leave me with at least national min wage by law. So they wanted me to email them saying I wanted them to take the whole week's wages, waving the national min wage right. Then I would owe just 2.5 days £257 I believe. However I believe that since my contract does not state they will invoice me for any money owed that can't be deducted from final wages, they have no right to claim it back.
I should also point out that one of these day's holiday was actually for the funeral for my father, which I believe I'm entitled to as compassionate leave as per my contract. I tried to ask them about this in the meeting but was told to 'shut up and listen'...0 -
getmore4less wrote: »When did you give your weeks notice(date)?
Friday 28th April0 -
I technically owed them 7.5 days holiday. I was paid on Friday so my company would owe me for the week's notice period. The company wanted to take all of the notice periods wages, however they had to leave me with at least national min wage by law. So they wanted me to email them saying I wanted them to take the whole week's wages, waving the national min wage right. Then I would owe just 2.5 days £257 I believe. However I believe that since my contract does not state they will invoice me for any money owed that can't be deducted from final wages, they have no right to claim it back.
I should also point out that one of these day's holiday was actually for the funeral for my father, which I believe I'm entitled to as compassionate leave as per my contract. I tried to ask them about this in the meeting but was told to 'shut up and listen'...
Sorry but no they don't.
In any case, you are powerless to stop the doing it. All you can do is claim it back (if need be via the small clams court) if they deduct too much.0 -
Undervalued wrote: »Sorry but no they don't.
In any case, you are powerless to stop the doing it. All you can do is claim it back (if need be via the small clams court) if they deduct too much.
It was they who told me about the having to leave NMW which is odd. I don't care if they want to take my final pay, I'm more concerned about the money the £250.0 -
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Undervalued wrote: »Technically, I'm afraid, notice begins the day after it is issued. OK it would be very unusual to split hairs over that but it doesn't help that they have this argument too.
I have an email from my manager accepting today as my final day of work. If he had an issue with this being the case he should have brought it up before this morning, no?0 -
Hi, have you look on ACASS website ?0
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