Can employer deduct holiday pay from final salary?

sangie595

getmore4less wrote: »

The WTR say they can't take money from your wages or have you work for nothing unless there is a contractual arrangement to do that.

If those that think otherwise can point to the relevant legislation that allows it it would be useful for the OP and others that need to update their understanding of the current laws on this.

Yes. But there is a substantial difference between what an employer should not do, and what an employer does. And an even bigger difference in terms of what you can do about it! As I have said, if the employer takes it from the wages, what can the OP do about it? Because they do owe the money. So taking it to court where they will be counter sued is not an option - or not one that seems to be sensible anyway. Plus, if the employer wishes to get heavy handed, the employer can sue them and add their costs to the claim, and if the OP then doesn't pay up the increased amount it ends up in enforcement, impacting on credit ratings etc. So what starts out as owing a few days pay back ends up as an increased debt and something that can have an adverse effect on their ability to obtain credit, mortgage etc. This hardly seems a sensible approach. I'd suggest that standing on their legal rights to not have money deducted may be "correct" - but it is not likely to be productive. They still owe the money. It still has to be paid back.

Gavin83

I agree with a few of the others. You seem to be interpreting it as you not being required to pay back the holiday, that isn't the case. Technically speaking it's looking like they can't take it from your final pay but you do still owe it. If they do take it from your final pay there is little you can realistically do about it. You can sue them but you'll end up in a much worse position. Besides, given the length of time you've been there and the holiday you've taken it shouldn't be a large deduction.

TBagpuss

As Sangie says, if you have been overpaid (because you have taken too much holiday) then you have to repay the company, The only legal issue is whether they are entitled to automatically deduct it, or whether they should pay it and then claim it back from you.
Unless you really want to burn your bridges with them it's probably not a good idea to challenge this, although you could, if you wished, raise it as a question, and mention that while you do, in fact, consent to them adjusting your pay as you recognise that you have taken more holiday than you've accrued, you couldn't actually find anything in your contract or the hand book explicitly allowing this.

similarly with the notice, in what you've quoted, it is pretty clear. They can give you a week's notice during you probation period, but you have to give them 3 months. (And there is nothing stopping them giving you that week's notice while you are in your 3 month notice period)