resignation and employer reclaming holiday

[miliitant]

If an employee has taken a full years worth of annual leave but leaves before the end of the leave year, then is the employer is entitled to deduct the shortfall in cash from her wages.

reverse the situation and the employee had taken no leave she would have been paid all outstanding entitlement in the final wages too, which i except.

the point i am making is can the employer deduct the entitlement from the final salary if no contractual obligation exists

is there statute legislation that allows an employer to deduct the wages in this scenario

[bluebottle]

Re: resignation and employer reclaming holiday

Hello Militant,

The best people to answer that question are ACAS.

[miliitant]

Re: resignation and employer reclaming holiday

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 allready been authorised sothere is no over payment of wages

[bluebottle]

Re: resignation and employer reclaming holiday

That's what I thought they would say. The employer needs to be told that ACAS have been consulted and they advise the employer has no right, legal or otherwise, to make any deductions from an employee's pay under the circumstances you describe. This needs to be put to the employer in writing. If the employer has already clawed back money unlawfully, they need to be told to repay the monies owed immediately. If they refuse and assert they have done nothing wrong, it is then a case of pursuing the employer through the Small Claims Court, if the amount involved is within Small Claims limits.

[miliitant]

Re: resignation and employer reclaming holiday

thanks for the response

i am a union branch official and know exactly how to deal with this

the reason why i was unsure was that the holiday system has just been changed.
the allocation is now done on hours worked and not the statutory 28 days

once again

thanks

section 13 employment rights act

unlawful deduction of wages