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my old employer is charging me for holidays

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Comments

  • Savvy_Sue
    Savvy_Sue Posts: 47,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    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's well established. If there was something perverse in the contract and you hadn't been shown it, that might not be enforceable, but this is not perverse. It's a standard term that overpayments can be recovered.

    I'm not clear from the first post if the OP has only just seen this contract, or had their terms and conditions at home but never signed the contract. Still doesn't matter. He worked, they paid, contract deemed accepted. If you don't query a term in it, you've still accepted it.

    Shall we look at the alternative? Company sends you a contract. You either don't sign it, or don't return it, or the signed copy doesn't reach the right person. You work. They DON'T pay, because you haven't signed the contract ...
    Signature removed for peace of mind
  • TELLIT01
    TELLIT01 Posts: 18,633 Forumite
    Part of the Furniture 10,000 Posts Name Dropper PPI Party Pooper
    Savvy_Sue said:
    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's well established. If there was something perverse in the contract and you hadn't been shown it, that might not be enforceable, but this is not perverse. It's a standard term that overpayments can be recovered.

    I'm not clear from the first post if the OP has only just seen this contract, or had their terms and conditions at home but never signed the contract. Still doesn't matter. He worked, they paid, contract deemed accepted. If you don't query a term in it, you've still accepted it.

    Shall we look at the alternative? Company sends you a contract. You either don't sign it, or don't return it, or the signed copy doesn't reach the right person. You work. They DON'T pay, because you haven't signed the contract ...
    I'm sure the OP would have been more than happy to work unpaid.  :-)

  • Undervalued
    Undervalued Posts: 9,882 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    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.

    The court would say Savy_Sue is 100% correct!
  • 74jax
    74jax Posts: 7,930 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    74jax said:
    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? 
    OP of you are still reading, I don't think anyone has had any questions answered. 
    Did you take these days as holiday, do you agree you owe them or were you given them as unpaid leave? 
    Do you have any proof you don't owe them. 
    Forty and fabulous, well that's what my cards say....
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