Handed in notice - A/L Clawback

[brotherjake]

I have decided to get out of Royal Mail following this latest agreement and in order to put in place
plans to set up a small business I have taken most of my annual leave during Apr/May.
I put my notice in this morning and have been told by my DOM that I will have to give back 18 days.
I understand this position but is this legally binding?
Nothing in my contract of employment refers to this and I have never been told locally that i should take
holidays at specific times of the year.
I am prepared to compromise but wonder if I should tell them to go to hell.
Does anyone know the legal position?

[uphillstruggle]

If you use a full year's annual leave entitlement and then leave after a sixth of the year it means you have been paid for being on holiday when you weren't on holiday (no entitlement) and weren't at work.
This would be an overpayment that the employer is legally entitled to recover from you.

The only way to defend against recovery of overpayment is to be able to satisfy the conditions that
a) you did not know you had been overpaid
b) you have since spent the money, and
c) you did not, in any way, cause the overpayment, by act or omission.
(and it has to be all 3)

As you acted to take a full year's leave, and omitted to mention that you were doing this in order to set up a new business while ostensibly on paid holiday so that you could then resign, I doubt that you would be able to demonstrate the three points above.

[protect us]

Can I come and work for you in your new venture !! I've had enougth of being a postie also , jobs finished now and I hope to get something else soon - good luck with whatever your doing and best wishes

[marky]

good luck m8 at least you can work.

[Eric]

What are they going to do, demand that you take in a cheque on your last day? Unless they can claw the money back from your pension I would just "forget" to take in the cheque and see what happens. If they start legal proceedings, and I suspect they won't, pay them then. At least, that way you have had the money in your account a few weeks longer.

Good luck, and let us know what happens.

[delboy]

Best thing to do is say ok to the dom you will work the 18 days and then go on the sick for the 15 of the 18 days...

[brotherjake]

Thanks for the replies.
I went back in this morning after the bank holiday and was told that
I am to work my notice (till Sat) and HR will write to me next week
re; the owed days.I assume that they will send me an invoice for them!

[fishtank]

Thanks for the replies.
I went back in this morning after the bank holiday and was told that
I am to work my notice (till Sat) and HR will write to me next week
re; the owed days.I assume that they will send me an invoice for them!

Go in tomorrow and ask if there is any chance of getting Sat off.
Seriously though good luck with life outside this.....whatever it is.

[gj1023]

I have just taken ill health retirement , as I was on 6 weeks leave, I was paid for this years leave, 3 days per month. So I got 3 days for April and May, on top of my Pilon


Depend on the amount leave you get you will get a credit of 2 or 3 days per month, for this years leave period. So anything over that you owe them

[delboy]

Thanks for the replies.
I went back in this morning after the bank holiday and was told that
I am to work my notice (till Sat) and HR will write to me next week
re; the owed days.I assume that they will send me an invoice for them!

Good luck with your new job, how long have you been with RM and what was the main reson for leaving?

[brotherjake]

Thanks delboy, I have been with Royal Mail for just over seven years and
have become more and more disillusioned as time has gone on.
This latest agreement,particularly the D2D issue has pushed me over the edge.