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  • FIRST POST
    • Haylz34
    • By Haylz34 9th Nov 18, 10:18 PM
    • 4Posts
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    Haylz34
    Repaying holiday pay when leaving employment
    • #1
    • 9th Nov 18, 10:18 PM
    Repaying holiday pay when leaving employment 9th Nov 18 at 10:18 PM
    Hi, Iím looking for some advice regarding my situation leaving my employer. Iíll 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 Iím 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 Octoberís 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 wonít 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 itís a bit rambling!
Page 1
    • Mnd
    • By Mnd 9th Nov 18, 10:28 PM
    • 804 Posts
    • 985 Thanks
    Mnd
    • #2
    • 9th Nov 18, 10:28 PM
    • #2
    • 9th Nov 18, 10:28 PM
    Have you handed in your notice yet, I would just ask what they intend to do and they may be flexible anyway
    • Haylz34
    • By Haylz34 9th Nov 18, 10:32 PM
    • 4 Posts
    • 0 Thanks
    Haylz34
    • #3
    • 9th Nov 18, 10:32 PM
    • #3
    • 9th Nov 18, 10:32 PM
    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
    • By getmore4less 9th Nov 18, 11:37 PM
    • 33,479 Posts
    • 20,231 Thanks
    getmore4less
    • #4
    • 9th Nov 18, 11:37 PM
    • #4
    • 9th Nov 18, 11:37 PM
    Is there a clause in the contract to recover the holiday pay.
    • Haylz34
    • By Haylz34 10th Nov 18, 6:28 AM
    • 4 Posts
    • 0 Thanks
    Haylz34
    • #5
    • 10th Nov 18, 6:28 AM
    • #5
    • 10th Nov 18, 6:28 AM
    Yes Iím sure there will be but I canít 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
    • By t0rt0ise 10th Nov 18, 6:42 AM
    • 3,116 Posts
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    t0rt0ise
    • #6
    • 10th Nov 18, 6:42 AM
    • #6
    • 10th Nov 18, 6:42 AM
    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
    • By Haylz34 10th Nov 18, 6:54 AM
    • 4 Posts
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    Haylz34
    • #7
    • 10th Nov 18, 6:54 AM
    • #7
    • 10th Nov 18, 6:54 AM
    I am guessing thatís their reasoning but I didnít 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
    • By getmore4less 10th Nov 18, 7:26 AM
    • 33,479 Posts
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    getmore4less
    • #8
    • 10th Nov 18, 7:26 AM
    • #8
    • 10th Nov 18, 7:26 AM
    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.
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