Annualised Hours

forerunnerjay

I’ve recently left a job which was based on an annualised hours contract. After a meeting recently with my manager he explained the whole contract to me and stated to me that it’s a win win for everyone. Apparently the company can be at a loss if they don’t get the hours out of you.
My question is that now I have left can they claim back the money from me for the hours not worked ?

General_Grant

forerunnerjay said:

I’ve recently left a job which was based on an annualised hours contract. After a meeting recently with my manager he explained the whole contract to me and stated to me that it’s a win win for everyone. Apparently the company can be at a loss if they don’t get the hours out of you.
My question is that now I have left can they claim back the money from me for the hours not worked ?

Have you received your final payslip from the company and a P45?

forerunnerjay

I haven’t not yet but they’ve emailed me saying an overpayment of 108 hours which was originally 20 hours and said they weren’t going to claim it back but now they are.

getmore4less

You need to check the contract carefully

Key will be the period(s) over which they are annualised and  how they account for holiday.

Then what it says about starting and leaving

TELLIT01

The situation is really no different to somebody who has taken more annual leave than there were entitled to because they left part way through the year.  That overpayment can also be recovered.

getmore4less

TELLIT01 said:

The situation is really no different to somebody who has taken more annual leave than there were entitled to because they left part way through the year.  That overpayment can also be recovered.

Over payment of wages are different to overtaken holiday.

Recovery of payment for holiday taken in excess of accrued requires a specific clause in the contract.


Wages due for the period of employment will be determined by the contract.

forerunnerjay

Nothing in my contract that states about owing any hours back as you would expect. They have allowed me to leave 3 weeks early and then added a financial penalty ( no mention of that when they released me )

I could have made up those hours over the 3 weeks.

I’m going to seek some legal advice as the contract doesn’t really make sense on what they are saying. I’ll keep you posted!

getmore4less

What does it say about pay?

How have they calculated you were overpaid?

Have they calculated the holiday pay correctly?

getmore4less

Why leave 3 weeks early and lose that pay?

TELLIT01

You could have made up 108 hours in 3 weeks??  It is possible that the original manager was correct in saying they wouldn't try to recoup when the figure was believed to be 20 hours.