Repaying holiday pay when leaving employment

Haylz34

Hi, I’m looking for some advice regarding my situation leaving my employer. I’ll try and give as much detail as possible and would just like to note that I am not in any way trying to get out of anything or shaft my employer!

My company run their holiday period from the month or your birthday each year and mine was in october - unfortunatly! I have handed in my notice with 1 month notice to my employer my final day being 5th December.

I had not planned to hand in my notice but a career move has been moved forward and I have taken more holidays than I have earnt by the time I leave. What I’m trying to find out is if my employer can request these in the pay packet before my final one.

We get paid on 23rd if each month, over time is paid a month behind- so October’s OT in Nov. And Nov OT in Dec Leaving on 5th December I was expecting to be paid in Nov and Dec ( I have over time in both months) with final deductions made in December but my manager has now told me that deductions will be taken in Nov.

The problem is I was relying on a full Nov pay plus my over time to carry me throughout Dec and to provide extra for the holiday I have booked before starting my new job, but if they take the money in Nov I won’t even be able to afford my rent that month!

Can my employer take it in any month they see fit ( so a month before my final pay) or should it only be taken in the final pay packet?

Any help is welcome, I apologise it’s a bit rambling!

Mnd

Have you handed in your notice yet, I would just ask what they intend to do and they may be flexible anyway

Haylz34

As I had to give a months notice I have already handed it in. My manager has told me that they intend to take the money before my final pay so taking it in Nov not Dec.

getmore4less

Is there a clause in the contract to recover the holiday pay.

Haylz34

Yes I’m sure there will be but I can’t seem to find my contract at the moment. I am in today and will try and put my hands on it. I know that it needs to be paid back and fully intend to do so I just was expecting that to happen in December and not November!

t0rt0ise

I'm guessing with a leaving date so early in December the employer assumes you won't have earned enough in December to cover the overpayment.

Haylz34

I am guessing that’s their reasoning but I didn’t think they could pick and chose which month to take it, I thought it had to be the final pay, which is what I was relying on.

I will pay it back and had always intended to do so just unable to lower my November pay!

getmore4less

As the employees requirement to compensate an employer for taking a larger proportion of the leave year than worked is purely contractual you will have to find out what the contract says on that compensation.

sounds like you need to be quick if you want to challenge them taking it sooner than the contract allows.


Bottom line is that they can just take the money and there is nothing you can do about it if they do that will recover the money quickly.