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

getmore4less

Some real numbers will help sort this out in a way they can take to the employer.

Why they stopped work is only relevant when you want to start a discussion over resigned/sacked/notice pay/additional holiday accrual.

For now I would focus on working out what is due for the time worked.

getmore4less

There may be the secondary issue if they were doing term time paid over 12months, if you don't work the full year you need paying extra when you only work part year.


There is also the issue that min wage term time paid over 12month is probably not legal as each pay period will be below min wage.

jobbingmusician

Sorry. As you probably know, I usually tend to side with the employee rather than the employer. But no way is 6 weeks emergency leave. Try googling it. I'm surprised if any employer paid for this length of leave.

I suspect that what has happened is that the employee was paid for this time accidentally (OK, pretty inefficient of the employer) and the employer is now looking to recoup this money. [And possibly to dismiss the employee, but that is a separate issue]. My understanding is that yes, they can take the whole amount back. The tax should be sorted out at year end, if not before.

The minimum wage issue is a red herring - surely no-one would expect to work 12 weeks and then have 6 weeks paid leave???? Of COURSE it takes average wage to under min wage if the employer takes wages back for what sounds suspiciously as if it might be unauthorised absence.....

thecoffeehouse204

This all sounds very confusing, surely if they were retaining money each month they owe you something back not the other way round. On my understanding of term time pay if say you worked 20hrs a week at £7.50 you would normally receive £150 a week but as you're only working 38 weeks a year that is normally averaged out over the whole year which would mean you would get £109 (approx) a week so you would still get paid over the periods of closure.

Would be helpful to have some figures for the amounts you were paid and hours worked over those 12 weeks to see exactly what has happened.