Holiday Pay Disputed After Notice

Undervalued

[QUOTE=Sassybot;72504951]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.[/QUOTE]

OK, that's good hopefully they won't realise! It is much better to have the money up your sleeve in any argument about what is actually owing.

Undervalued

Sassybot wrote: »

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?

OK, that helps too. If you have proof that they accepted the slightly shorter notice then it is hard to see them getting anywhere with that argument.

Sassybot

micky2phones wrote: »

Hi, have you look on ACASS website ?

I've not, to be honest I don't really know where to start Ideally I need to track down what they may have meant by the whole having to leave me with NMW for this week, but I've have a quick google and can't find anything. Must admit, I'm quite shook up by it so maybe when I've calmed down I'll have more success

Undervalued

Sassybot wrote: »

I've not, to be honest I don't really know where to start Ideally I need to track down what they may have meant by the whole having to leave me with NMW for this week, but I've have a quick google and can't find anything. Must admit, I'm quite shook up by it so maybe when I've calmed down I'll have more success

That would be true in virtually any other circumstances than your final pay.

As I say, there is little you can do until you see what they actually deduct and what they claim to be owing. If it is correct then ultimately you will have to pay but if they somehow deduct too much you will have to claim it back.

breakinthesun

Sassybot - here are your options:

1) the first place to start is going to be your contract of employment and not your statutory entitlement. Does it say how many days holiday you're entitled to there? If it does and your employer is now saying that you are only in fact entitled to the statutory minimum, then you're fine and your employer is wrong. If they deduct from your wages, you can recover it through an unlawful deductions from wages claim.

2) If you have taken authorised absence in excess of your contractual entitlement, your employer can only deduct this from your wages if there is an express provision in the contract allowing them to do so. It's likely there isn't but look at your contract.If they do deduction, bring an unlawful deductions from wages claim.

3) If the absences you have taken have been unauthorised and they seek to recover the payment, then they could defend an unlawful deduction of wages claim and you may have to just accept the deduction.

sangie595

breakinthesun wrote: »

2) If you have taken authorised absence in excess of your contractual entitlement, your employer can only deduct this from your wages if there is an express provision in the contract allowing them to do so. It's likely there isn't but look at your contract.If they do deduction, bring an unlawful deductions from wages claim.
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Sassybot - do not even think about taking legal action based on this advice. It is just wrong. If there has been an overpayment of wages as a result of your taking more holiday than you are entitled to, then you owe the money back, and it can be taken out of your wages. Unless, of course, you really want to pay for legal action you can't win.

getmore4less

Undervalued wrote: »

OK, that helps too. If you have proof that they accepted the slightly shorter notice then it is hard to see them getting anywhere with that argument.

It was not short

giving one weeks notice notice on the 28th April the last working day would be 5th May.

breakinthesun

sangie595 wrote: »

Sassybot - do not even think about taking legal action based on this advice. It is just wrong. If there has been an overpayment of wages as a result of your taking more holiday than you are entitled to, then you owe the money back, and it can be taken out of your wages. Unless, of course, you really want to pay for legal action you can't win.

Hill v Chappell EAT/1250/01 is the case that you're looking for. Thank you for playing. (Seriously though, do read the judgment : it will help the next time you encounter this issue).

(Text removed by MSE Forum Team)

getmore4less

Hill v Chappell (EAT 1250/01)

breakinthesun

getmore4less wrote: »

Hill v Chappell (EAT 1250/01)

Thanks. My brain always transcribes Chapman when citing that case.