my old employer is charging me for holidays

Liamjamie94

Hi 

i recently had a letter from my old employer saying i owe them 327 pound in overpaid holidays which i took to watch my cousins murderers trial,  they have sent me a copy of my contract and it does state that any holidays overpaid will need to be paid back but my signature was not on this contract as i never signed and bought back my actual induction pack with all my terms and conditions of employment on , if anyone has any advice on this before i start paying it that would be great 🙂

gettingtheresometime

I'd agree a payment date / plan with them & stick to it.

Savvy_Sue

You don't have to have signed it. You worked for them? They paid you? Contract accepted on both sides.

Diamandis

If you didnt agree, you had to state you were working under protest, you should arrange a payment plan with them.

74jax

At the time did you have authorised holidays or did you take unpaid leave? Do you agree you owe these days back, or is there doubt? 

AskAsk

pay them what you owe them.

TBagpuss

You had a contract whether or not you singed it, you turned up at work and they paid you. 
You owe them the money, in accordance with the contract, so you need to pay.
If you can't pay the full amount at once tell them, and offer a payment plan to pay in 2 or 3 installments.
The reason you took the time off doesn't change the contract.
(I am not clear from your original post whether your cousin was the victim, or was on trial. If they were the victim then it's *possible* that your employer might have been willing to give you some of the time as paid leave in the same way as employers often offer discretionary leave for bereavement, but I think as you no longer work there it's unlikely that they will do so retrospectively now )

TELLIT01

The reason you took more holiday than you were entitled to is irrelevant.  The employer can claw back any overpayment.  If you refuse to repay it it probably won't be worth them taking it to court although they may choose to do so.  It would definitely mean you won't be able to use them for references.

ACG

They provided their terms, you started working for them - that is classed as accepting the contract. 

It does not matter what the reason for the holiday was, you do not need to be sat on a beach for it to be classed as holiday. Sorry matey, but they are well within their rights to request payment back.

bartelbe

Savvy_Sue said:

You don't have to have signed it. You worked for them? They paid you? Contract accepted on both sides.

I would be interested to see what a court would have to say about that.

getmore4less

bartelbe said:

Savvy_Sue said:

You don't have to have signed it. You worked for them? They paid you? Contract accepted on both sides.

I would be interested to see what a court would have to say about that.

It would never get to court, there are a few terms that need to be signed as agreed but not relevant here

The contract does not even have to be in writing you just have to be made aware of the terms, same for any changes once started.

There is a requirement for "written statement of employment particulars"  for employees   but that is only part of the contract and that does not need to be signed.

reasonable summary
https://www.acas.org.uk/what-an-employment-contract-is