Holiday repaiment after contract termination

Kris11165

Hello everybody! I would like to get You advices about my holiday repayment. Point is I recently changed work and yesterday get letter from my previous employer about money They saying I owe them because of overtaken holiday (11 days). I checked my contract and found line like that: "On termination of Your contract of employment, if the amount of paid holiday taken by you exceeds your accused entitlement, you agree that the Employer may deduct the appropriate sum from any final monies (including salary, expenses and notice payments). In my opinion that's mean they could take it from my last pay slip but they didn't. My question is can I now avoid the payment? Do they still have right to ask me about money 2 weeks after contract termination?
If that's helpfull I had weekly payments so They had possibility to do this. Will apricheate any help and if someone could present me any legal article about that I can agree for gratification ^_^ thanks!

Comms69

Kris11165 wrote: »

Hello everybody! I would like to get You advices about my holiday repayment. Point is I recently changed work and yesterday get letter from my previous employer about money They saying I owe them because of overtaken holiday (11 days). I checked my contract and found line like that: "On termination of Your contract of employment, if the amount of paid holiday taken by you exceeds your accused entitlement, you agree that the Employer may deduct the appropriate sum from any final monies (including salary, expenses and notice payments). In my opinion that's mean they could take it from my last pay slip but they didn't. My question is can I now avoid the payment? Do they still have right to ask me about money 2 weeks after contract termination?
If that's helpfull I had weekly payments so They had possibility to do this. Will apricheate any help and if someone could present me any legal article about that I can agree for gratification ^_^ thanks!

Yes. They have 6 years to claim it back.


Ignoring them is a quick way to get a CCJ.

ReadingTim

Legally, you owe it. That they didn't take it in your last pay packet is neither here nor there. And as noted above, they've got 6 years to claim it back, and they don't have to accept repayment plans.

However, to claim it back, they're going to have to go to court. This costs time and money, and is a hassle for them. Your only hope is that they decide they can't be bothered to do this, and write it off. Alternatively, they decide that getting a small amount back each week/month is better than nothing, and accept a repayment plan. But there's nothing to stop them selling it to a debt collector either. Your call.

Me2you

12.07% is the amount of time you’ve accrud

sangie595

ReadingTim wrote: »

Legally, you owe it. That they didn't take it in your last pay packet is neither here nor there. And as noted above, they've got 6 years to claim it back, and they don't have to accept repayment plans.

However, to claim it back, they're going to have to go to court. This costs time and money, and is a hassle for them. Your only hope is that they decide they can't be bothered to do this, and write it off. Alternatively, they decide that getting a small amount back each week/month is better than nothing, and accept a repayment plan. But there's nothing to stop them selling it to a debt collector either. Your call.

But they will add the costs to the claim and you will end up owing them even more, so they may not care about the trouble it is for them - it's bigger trouble for you!

Comms69

sangie595 wrote: »

But they will add the costs to the claim and you will end up owing them even more, so they may not care about the trouble it is for them - it's bigger trouble for you!

Ofcourse the company cannot add the cost of a solicitor for a small claim. Which may put them off.

But on the whole I agree

sangie595

Comms69 wrote: »

Ofcourse the company cannot add the cost of a solicitor for a small claim. Which may put them off.

But on the whole I agree

But they don't need a solicitor. The cost to the OP would still increase.

And, of course, there's that old adage about being careful who you step on... In other words, the OP is far more likely to one day need the former employer than the other way around. They might want to measure how much damage an annoyed former employer might do to them.

Comms69

sangie595 wrote: »

But they don't need a solicitor. The cost to the OP would still increase.

And, of course, there's that old adage about being careful who you step on... In other words, the OP is far more likely to one day need the former employer than the other way around. They might want to measure how much damage an annoyed former employer might do to them.

Ye ofcourse. Aside from having in-house legal team; it’s a straight forward case that any mid level employee shouldn’t struggle to win.

I think sometimes / often people don’t count the cost down the road.

ReadingTim

sangie595 wrote: »

But they will add the costs to the claim and you will end up owing them even more, so they may not care about the trouble it is for them - it's bigger trouble for you!

That is true, but it's usually the time and hassle factor which is the determining factor from the company's perspective as to whether they initiate proceedings. That they might get their costs back after the event is incidental.

Obviously from the OP's perspective, if proceedings are initiated, and when they lose, then their problem is now even larger... but that's just part of the gamble the OP's got to decide if they're willing to take...

TBagpuss

Yes, they can still ask for the money and yes, you have to pay it.
The term in your contract means that they can take it automatically from your final pay, it doesn't mean that they *can't* take it any other way.

If you are going to find it hard to repay it all at once then you could ask them to agree a payment plan so you pay in instalments over a couple of months.

If it was the other way around and it was them who owed you money, you'd expect them to pay, wouldn't you?