RESIGNATION AND DEDUCTION OF WAGES

[keithposty]

hope anybody can help on this one as i truly am at a loss

as you know the statutory minimum entitlement to holidays is 28 days for full time staff

we have a staff member who has come to me as she has only been paid £130 in her wages, she is in the process of serving a weeks notice after resignation

it seems now that holidays are done on an hourly attendance procedure and that she has already taken her full holiday entitlement,

they have deducted the eqiverlent holiday ALLOWANCE up to the start of the new holiday year. APRIL 1 2012

i am of the opinion that even though she has used up her holiday allowance before the end of march 2010,,and the start of April 2012, the claw back can be classed as unlawful deduction of wages as it is a contractual issue and not a statutory right

please people

valid responses as this is important and is to do with a member

[Tman]

If she's taken a full years worth of annual leave but leaves before the end of the leave year, then her employer is entitled to deduct the shortfall in cash from her wages.
The same way that if she'd taken no leave she would have been paid her A/L entitlement in her wages too. It's normal.

[keithposty]

If she's taken a full years worth of annual leave but leaves before the end of the leave year, then her employer is entitled to deduct the shortfall in cash from her wages.
The same way that if she'd taken no leave she would have been paid her A/L entitlement in her wages too. It's normal.

ON THE SURFACE I AGREE WITH YOU BUT I NEED EITHER CONTRACTUAL OR STATUTE LEGISLATION TO BACK THIS UP

MANY THANKS

[keithposty]

just been on the phone to ACAS

they have stipulated that unless there is a clause in the contract that explicitly allows them to do this then it is unlawful deduction of wages as the holiday entitlement has already been authorized so there is no over payment of wages

[PhilthyPhil]

From my contract :

"24.4 In the event that during your employment with Royal Mail you have taken holiday in excess of your pro-rated entitlement, either at the date of termination of employment or at any time during your employment, Royal Mail may deduct from your wages the value of the days taken in excess of your entitlement."

[keithposty]

From my contract :

"24.4 In the event that during your employment with Royal Mail you have taken holiday in excess of your pro-rated entitlement, either at the date of termination of employment or at any time during your employment, Royal Mail may deduct from your wages the value of the days taken in excess of your entitlement."

thanks

keep it comming

may i ask how old that contract is

[PhilthyPhil]

About 5 years. Obviously the person concerned will need to check their own contract but it is a fairly standard clause to have in any employment contract so i expect it will be in there.

[keithposty]

About 5 years. Obviously the person concerned will need to check their own contract but it is a fairly standard clause to have in any employment contract so i expect it will be in there.

ill dig my contract out to see if its in there

if its anything like clause 10, ill be happy

many thanks

[keithposty]

WELL THEN, JUST PULLED MY CONTRACT OF EMPLOYMENT

UNDER CLAUSE 7 ACCRUED HOLIDAY ENTITLEMENT

it only stipulates if summery dismissed you will only be entitled to statutory leave owed
if you leave without notice then you will be entitled to NO accrued holiday

my contract runs from 1 to 23 then the final signature

no clause 24

nothing in the contract about reclaiming holiday pay over payment, in fact, nothing at all

[Cliff Clavin]

Perhaps it will depend when she joined.

I joined in 2008 and also have clause 24.4

I'm likely to be resigning mid March, but as my holiday card still shows 9 days am hoping they pay me something, or ask me to take the notice period in remaining a/l days (which is also in the contract)

[Tman]

nothing in the contract about reclaiming holiday pay over payment, in fact, nothing at all

Maybe not, but RM don't get every employee to sign a new contract whenever there's a change or addition, so unless expressly told otherwise, you can assume you/she will be covered by the latest version.
HR and payroll are pretty switched on with regards to leavers etc and you'd have a hard job convincing them they're wrong in this instance.

[keithposty]

for a fundamental change in anyone's contract like this the employee would have to be sent a new contract to sign within 30 days of the change

thats even implied terms

the only exception will be implementation by collective bargaining

that's how i see it anyway

but this is royal mail we are talking about

[hantsman]

for a fundamental change in anyone's contract like this the employee would have to be sent a new contract to sign within 30 days of the change

thats even implied terms

the only exception will be implementation by collective bargaining

that's how i see it anyway

but this is royal mail we are talking about

RM are allowed to take it back im afraid.

[keithposty]

again i understand the principle of taking it back but

right or wrong on a moral issue

are they lawfully able to take it back under the circumstances mentioned

[hantsman]

again i understand the principle of taking it back but

right or wrong on a moral issue

are they lawfully able to take it back under the circumstances mentioned

Yes, so would any other firm.