Employer is requesting holiday pay back pre tax after it was being retained from wage

getmore4less

The simple calculation for your gross pay for time worked is.

£NMW * No. Of hours worked * 1.1207.

Holiday pay should not be deducted from min wage base pay.

Comms69

getmore4less wrote: »

The simple calculation for your gross pay for time worked is.

£NMW * No. Of hours worked * 1.1207.

Holiday pay should not be deducted from min wage base pay.

Just to say there's nothing to suggest the OP was paid NMW, just that the deduction would take them below it.

PasturesNew

The retained wages and holiday payments to you would have been calculated on a full year. After 12 weeks you'd have enough for, say, 1 week of holiday pay, so, with bank holidays, 6-7 days' worth.

If you were there 12 weeks, then had 6 weeks of holidays, there would have been an imbalance.... which they expected to then balance out over the year.

I'd imagine, therefore, that they are looking at those figures and wanting back the overpayment of holiday pay that they'd paid to you in advance of being able to retain it from your future wages.

Figures would need to be reworked to actually reflect all the holidays etc in the job, but I've taken a "rough idea of how it is worked out".

getmore4less

Comms69 wrote: »

Just to say there's nothing to suggest the OP was paid NMW, just that the deduction would take them below it.

That will make the number higher

90p below was mentioned which grosses up to £7.46 for a full holiday pay deduction.

BLe

I was being paid 90p below minimum wage. They are asking for 6 weeks wage before tax and ni, the employer has not taken into consideration my situation after I explained my emergency leave was for an ailing dependant who was recently diagnosed with Parkinson's disease. I said i wanted to come back to my job but the employer did not get back to me before I had to leave work. As I said above they would end up paying below minimum wage for over 25s if I gave back all what they have asked which I am not prepared to accept. Thanks for all the replies. The contract says im entitled to emergency leave but does not state for how long. I did not resign yet they have stated I went back to work for one day just to resign.

Comms69

BLe wrote: »

I was being paid 90p below minimum wage. - You keep saying that. But it's not clear if you mean your hourly rate was 90P under, OR your wage will work out 90p under once you repay the debt. They are asking for 6 weeks wage before tax and ni, the employer has not taken into consideration my situation after I explained my emergency leave was for an ailing dependant who was recently diagnosed with Parkinson's disease. - without being harsh, that isn't your employers problem. I said i wanted to come back to my job but the employer did not get back to me before I had to leave work. - They probably don't want you back. As I said above they would end up paying below minimum wage for over 25s if I gave back all what they have asked which I am not prepared to accept. - so don't. Let them take you to court and sort it out there Thanks for all the replies. The contract says im entitled to emergency leave but does not state for how long. - typically 1-2 days. I did not resign yet they have stated I went back to work for one day just to resign.

Why does it matter you worked there for 12 weeks. They can just get rid of you.

seashore22

I doubt that leave of 6 weeks to care for a relative was what was envisioned by employers allowing emergency leave. I assume the 6 weeks is a minimum and that you would have had longer off work if they hadn't acted when they did.

Did you let them know how long you may be off for?

Did you check in with them regularly?

Did you put anything in place to care for this relative and allow you to return to work?

I don't actually think any of the above is relevant to your current situation and I only ask because you mention it in all your posts. The employer is perfectly within their rights to sack you after such a short period of employment.

jonnyd281

I think this may be the case of the OP having been overpaid leave, and the employer is now reclaiming this. The OP is then arguing that because of this money being reclaimed it takes the time they have worked below NMW.

BLe

That's it jonnyd281.

getmore4less

Split the issue

What you should be paid per hour(at least min wage)

Holiday accrual to be paid as extra not as a deduction from the hourly rate.


Once you have that sorted you can work on what gross pay you are due for the time worked.