RESIGNATION AND DEDUCTION OF WAGES

[keithposty]

absolutley not

my question was how an employer can do a fundamental change to your contract of employment by including terms after you signed that contract without consultation and getting the employee to accept that term by no notification

You must tell the employee in writing about any changes to the written statement no later than one month after you have made the change. A change to the statement will still require the employee's agreement

without notification the employeer can then argue custom and practice even though the change was unlawful in the first place

i said lets move on from the holiday issue as it was clouding the issue

[fishtank]

absolutley not
my question was how an employer can do a fundamental change to your contract of employment by including terms after you signed that contract without consultation and getting the employee to accept that term by no notification

That's an entirely different issue.
When and where did this occur?

[Tman]

my question was how an employer can do a fundamental change to your contract of employment by including terms after you signed that contract without consultation and getting the employee to accept that term by no notification

It's not a fundamental change to your contract of employment, it's a standard procedure for any payroll/HR unit in any firm and has been in effect since God was a boy.
Should you look at your contract you signed, it doesn't list each and every rule and reg you (or HR) may encounter in your working life and the T&Cs it does list are most likely wrong too. So what? Do you seriously believe RM or any one else is then not bound by the current rules and procedures just because they aren't listed? As someone else said...

[keithposty]

please people, its allright saying this and saying that but

SHOW ME STATUTE LEGISLATION TO BACK UP WHAT YOUR ARE SAYING,
LINKS FOR EXAMPLE, AND I WILL SHUT UP

it is the issue of the employer not informing the staff member of any changes or additions to the contract of employment that i need a response on

AND NOT HEAR SAY, COLD FACTS QUOTING LEGISLATION

i have run this issue past ACAS and they are in full agreement with me

QUOTE

Should you look at your contract you signed, it doesn't list each and every rule and reg you (or HR) may encounter in your working life and the T&Cs it does list are most likely wrong too. So what? Do you seriously believe RM or any one else is then not bound by the current rules and procedures just because they aren't listed?

THATS WHY WE HAVE THE EMPLOYMENT RIGHTS ACT

[hantsman]

please people, its allright saying this and saying that but

SHOW ME STATUTE LEGISLATION TO BACK UP WHAT YOUR ARE SAYING,
LINKS FOR EXAMPLE, AND I WILL SHUT UP

it is the issue of the employer not informing the staff member of any changes or additions to the contract of employment that i need a response on

AND NOT HEAR SAY, COLD FACTS QUOTING LEGISLATION

i have run this issue past ACAS and they are in full agreement with me

Is this just the first person who picked the phone up when you rang ACAS?

[Tman]

So we all apparently agree that the adjustment of leave/pay is fair on termination of employment, but you just want to see it in writing?
Why not go direct to HR then? I don't quite understand what you hope you'll see if they post a link etc though. Do you think she'll be let off the clawback if you can't see it in writing?

[mazza111]

In every job you accrue your holidays as you work through the year. That's standard practice for any business, so therefore I don't think it would be listed in the contract. What's in the contract is over and above the standard.

When you leave a job you can take the statutory holiday entitlement that you have accrued up to the time you leave during your notice period, as long as you give the right notice and your employer agrees.
You also have the right to be paid for any untaken statutory holiday entitlement that you have accrued.
If you have taken more leave than your accrued entitlement, your employer shouldn't take money from your final pay unless it's been agreed beforehand. Check your contract to see if there's any such agreement.

So basically they can take it, but it must be agreed beforehand.

from http://www.direct.gov.uk/en/Employment/ ... G_10034711" onclick="window.open(this.href);return false;

[NumptyBumpty]

What exactly is the question? Are disputing that the overpayment took place? Are you asking if it is legal for RM to recover what is owed to them? Or are you asking if it has to be stated in the contract in order for it to be recovered?

Can you imagine how long the contract would be if every possible employment situation was explicitly detailed? IMO it would be a waste of time and money to pursue this.