RESIGNATION AND DEDUCTION OF WAGES

[keithposty]

ime not convinced on the legal stand point

ill contact legal services at HQ on Monday for clarification

i need to see case/contractual law that allows RM to do this

if it is not in the contract you signed ??

ill update when i have the answer

[fishtank]

the only exception will be implementation by collective bargaining

There is an agreed overpayment recovery procedure.
It allows for the recovery of any overpayment in the final weeks pay.
You're only argument would then be whether using annual leave you haven't earned is an overpayment.
I think you're on very shaky ground......9 on the Richter Scale shaky.

[dvbuk55]

Unless you have paid for extra holidays then the recovery is an overpayment. They are not recovering payment for Bank Holidays only holidays over the pro rata amount.
They've had the holiday - then they should pay for it.

[keithposty]

They've had the holiday - then they should pay for it

i totally agree on that stand and rightly so but

the clause in her contract of employment that allows the employeer to deduct this payment has not neen included (clause 24 )
the staff member joined the same time as myself and it is not in my contract.
that clause was brought in 5 years later
even if that was an implied or express term the employer would need to send the worker an new contract to sign or notification of that change within 30 days of that change
a contract is a contract and to ammend the contract would need the agreement of both parties

LETS FORGET THE ISSUE FOR THE MOMENT ON THE HOLIDAY ENTITLEMENT

LETS DEBATE THIS JUST ON A CONTRACTUAL ISSUE

can an employer add terms or ammend your contract of employment without notification or agreement by both parties,

my answer is NO

lets leave collective barganing etc out of the equation for the moment

lets keep it civil please people as this is important, i do not want opinions, i require links to relevant statute legislation to back up your assumptions

many thanks

[hantsman]

They've had the holiday - then they should pay for it

i totally agree on that stand and rightly so but

the clause in her contract of employment that allows the employeer to deduct this payment has not neen included (clause 24 )
the staff member joined the same time as myself and it is not in my contract.
that clause was brought in 5 years later
even if that was an implied or express term the employer would need to send the worker an new contract to sign or notification of that change within 30 days of that change
a contract is a contract and to ammend the contract would need the agreement of both parties

LETS FORGET THE ISSUE FOR THE MOMENT ON THE HOLIDAY ENTITLEMENT

LETS DEBATE THIS JUST ON A CONTRACTUAL ISSUE



can an employer add terms or ammend your contract of employment without notification or agreement by both parties,

my answer is NO

lets leave collective barganing etc out of the equation for the moment

lets keep it civil please people as this is important, i do not want opinions, i require links to relevant statute legislation to back up your assumptions

many thanks

You have been given the correct answer

[keithposty]

lets keep it civil please people as this is important, i do not want opinions, i require links to relevant statute legislation to back up your assumptions

[hantsman]

lets keep it civil please people as this is important, i do not want opinions, i require links to relevant statute legislation to back up your assumptions

I give up

[keithposty]

lets keep it civil please people as this is important, i do not want opinions, i require links to relevant statute legislation to back up your assumptions

its a simple enough question

no opinions, no hear say

just facts through statute legislation

[hantsman]

And you have had the correct reply manytimes

[TrueBlueTerrier]

And you have had the correct reply manytimes

But all he is asking for is links to back that up - so far he has not had any posted.

[keithposty]

thanks trueblue

links are all ime asking

[dvbuk55]

thanks trueblue

links are all ime asking

Common sense counts too. You aren't always going to be given the bell, book and candle. However lets just say someone is appointed in January and takes 4 weeks leave between then and the 25th of March - so for 7 weeks work they receive 11 weeks pay....................would that sound realistic? I am quite certain that holidays are acrued pro rata and therefore paid accordingly. The trees there and collectively they make the woods.

[fishtank]

What you are asking for is pointless though.
There is no specific link.
The overpayments procedure is in the downloads section http://www.royalmailchat.co.uk/communit ... 84&start=0" onclick="window.open(this.href);return false;

The fact that it doesn't specifically mention holidays is irrelevant,it doesn't specifically include,exclude or even mention any overpayment from overtime to travelling allowance to shift allowance but if you have been paid for holidays you have not accrued...that's an overpayment.
It's only common sense to be honest.

[keithposty]

sorry to go on about this

i fully understand taking back overpayments

if its irrelevant then why was the clause about overpayment of holidays included into the contracts 5 years ago as a seperate entity

clause 24 i believe

my contract only goes to clause 23

the links i am asking for are about an employer changing the terms and conditions of your contract of employment without any notification

[fishtank]

sorry to go on about this

i fully understand taking back overpayments

if its irrelevant then why was the clause about overpayment of holidays included into the contracts 5 years ago as a seperate entity

clause 24 i believe

my contract only goes to clause 23

What are you seriously going to do Keith?
Go to an employment tribunal and say that Royal Mail can't take back an admitted overpayment of holiday pay because the wording of a collective agreement on overpayment recovery does not specifically name overpayment of holiday pay as an overpayment?
I think that's what's known as vexatious litigation.