Holiday Pay - ouch!

[Bugz]

My fault for not investigating this but basically I quit a couple of weeks back and never took my last so and so hours paid holiday because I was basically working 40+ hour weeks in a shop which had hardly any staff and I felt I was actually doing a good deed to not have the time off.

Low and behold I open my last paycheck with the company to find they deducted it all off my pay! Again, my fault for not being aware of this but I know from now on I will not be fuckin doing any good deeds to my employers if they weren't even nice enough to inform me of the fact this would happen, knowing well full I had loads of holiday left and was working all hours to support them as a store (so much so that I received employee of the month).

Rant over ;d

Edit - just to check, are they actually allowed to charge me for not taking my holiday? Oo

 

[Pfy]

Holiday is something that you get over a year. So 24 days a year means that every 2 months you get 2 days annual leave. IF this year you worked for 3 months but took 8 days leave then you owe them 2 days. Make sense?

Ofc I could be wrong.

 

[Bugz]

I checked the CAB website though and I don't see anything about them being able to claim back holiday I have taken.

I only work part time so I basically have 35.19 hours available to me this year. I took 27.50 during my exams and I have 7.69 left. The payment on my paycheck was 'holiday pay/reclaim,' which is probably right, as you said, because I quit end of august and took about 70% of my holiday pay whilst only working 40% ish of the year.

Is there some sort of in store policy that may have said this? I was silly enough to get rid of my contract about a week after quitting so I can't check that =/

Edit - just spoken to a girl I use to work with. Apparently it is instore policy and it happened to her too. Drain.

 

[Marc]

Nick, you are pretty much correct in what you say. Youve basically taken more holiday pay then you were entitled to because you have quit before the end of the holiday year.

Employers are entitled to do this, even if you have no contract of employment. Or maybe not entitled to, but they know that if they were sued by an employee, the employee would fail.

 

[Bugz]

Thanks for the clarification Marc. It never occured to me they could do that but I guess it was my ignorance of not checking up on it.

 

[old.Tohtori]

No free stuff in this world i'm afraid.

If you took a holiday/got the pay in advance, they can deduct it from your last payment.

If on the other hand you haven't taken any vacation and haven't gotten any pay, they can't charge you for unspent vacation

So in essence; no, they can't charge you for NOT taking a vacation. They should pay you for those unspent days though.

 

[tris-]

Nick, you are pretty much correct in what you say. Youve basically taken more holiday pay then you were entitled to because you have quit before the end of the holiday year.

Employers are entitled to do this, even if you have no contract of employment. Or maybe not entitled to, but they know that if they were sued by an employee, the employee would fail.

there is pretty much always a contract of employment, either written or implied by conduct.

it could be unauthorised deductions from wages which may be illegal. ACAS are the best guys to speak to

Acas - How can we help?

 

[Turamber]

If you have taken more holiday than you were entitled to in the period you worked for them (calculated proportionately) then they are in their rights to claw it back from you.

There is a calculator for working out holiday entitlement at Calculate your employees' holiday entitlement | Business Link

 

[gohan]

to be fair it does work both ways



my last job i quit after 6 months of the holiday year and hadnt taken any hol, in my last pay i got an extra £500 holiday pay on top of my wages... was WIN