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joannem1965
joannem1965, Advocate
Category: UK Employment Law
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Experience:  LLB (Hons), LPC
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I am just about to leave the company I work for. They would

Customer Question

I am just about to leave the company I work for. They would not allow me to take the outstanding holiday hours due (total of 20 days at 7.5hrs per day). They said I had to work right up until the last day and they would pay me for the holiday time.

They have now came back and asked for receipts of expsences from 2011 and stated that they will not pay my money until I have given them the receipts as they have already paid that money out in 2011. They say this is in the contract but the original contract I had was with another company that was bought over by them and I never did get a contract from them as the one they wanted me to sign was full of holes. So what is my rights, they are saying they are entitled to take the money out of my holiday pay unless I produce the receipts.
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello,

Is there an express provision in your original employment contract which allows them to do what they are proposing to do?

Also, did you make it clear to them that you do not accept the new contract which you say is/was full of holes?

How long have you been employed for?
Expert:  joannem1965 replied 1 year ago.
Hi there it's actually possible for employers to make employees take any holidays they've still got due. The relevant law's here: http://www.legislation.gov.uk/uksi/1998/1833/regulation/15/made. Reading through the legal jargon you'll find that if the employer has given notice that contains twice as many days as the leave they want you to take then they're able to make you take it when they want. When it comes to the expenses if you've been overpaid in the past the employer can offset that against your pay now but that's the issue here - have you been overpaid or not? If not and they're refusing to pay you now then you can think about issuing a claim for the money you're due. That's something you can make in the Employment Tribunals.
joannem1965, Advocate
Satisfied Customers: 264
Experience: LLB (Hons), LPC
joannem1965 and other UK Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

UKSolicitorJA


Thanks for the reply. I have a copy of my original contract and there is nothing in it with regards XXXXX XXXXX that the company can reclaim any monies.



Yes I did make it clear as they sent out a letter on in 2009 asking people to sign over onto the company that bought our company over and also to sign a new contract. I did not sign the agreement attached to the letter nor did I sign a new contract. I advised them that the contract was not good. The person dealing with it all at the time has since left the company.



I started work in 2004 with the original company. They say that its a legal requirement that I produce the receipts from 2011.



Hope this is enough info for you.....

Expert:  joannem1965 replied 1 year ago.
Hi there I'm not clear why they claim it's a legal requirement that you produce the receipts so you'll need to clear that up with them and ask them to tell you exactly what law they're relying on here. As the expenses aren't wages the employer can't rely on the law that gives them the right to deduct overpayments of wages from future wages they pay you. So they'll have to rely on a specific clause in your contract and you say that one doesn't exist. So these deductions are illegal and they'll need to return them to you. If they think you've been paid too much they can sue you separately but they can't just take it from your pay.
Customer: replied 1 year ago.

Not another question but a very big thank you. They backed down very quickly on things (even before your latest advice). I now have a copy of the payslip and a full breakdown of what they are paying me with NO deductions. They have stated the money will be in my bank for Monday and my P45 will be with me by the 15th Feb.

So all in all fantastic result. Great service from all at justanswer

Expert:  joannem1965 replied 1 year ago.
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