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Thread: Employment law

  1. #1
    Admin & Merchandise Manager bigmac's Avatar
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    Default Employment law

    Has anyone have any knowledge of employment law ?

    My daughter use to work at Wilkinson until 2 weeks ago,she gave them one months notice as it was costing her more to get to work than she was getting paid (4 hr contract) Work had become very stressful as she's 7 months pregnant and things have been a bit rough with hospital appointments and a lot of scares.

    Now she was expecting a wage this week but instead she got a letter stating she had taken too many holidays and owes them money They have taken her £46.66 wages as they say she owes £120.1 in over paid holidays so minus her wages she now owes them £73.95.

    She was relying on this money as she now has no income and added stress of more hospital appointments.Now she is only contracted for 4hrs on a Saturday and she has only ever put in for a couple of holidays when she went away to abroad for a week so cant understand why they have her down for 18 days holiday (remember she is only contracted for 4 hrs on a saturday)

    They are asking for her to pay in full within 30 days and she's been crying like mad and getting upset as she has no money.Now i was under the impression any employers could not deduct money from anyone wages for over payment ? i thought they would have to pay her full wage then ask for the amount outstanding ?

    Someone at her store has marked her down for holidays even though she wasn't meant to work,so cant understand how they can keep her wages and demand money without contacting her first to find out whats gone on.

    I will be ringing them Monday but wanted to know if what they have done is legal.
    Last edited by bigmac; 17th September 2012 at 09:49.

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    Regular Member byebyeitsagsi's Avatar
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    How much did she get paid when she took the weeks holiday? If she is only on a 4 hour contract technically she should have recieved 4 hours wage for a week off. 18 days is 3 weeks and 3 days worth of holiday pay which is a strange one.

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    Hey,

    Just spoke to my fiancé and she read this, they can deduct from source if you have overtaken your holiday entitlement which is pro-roted depending on when the holiday year falls. She is entitled to approx 22 hours holiday based on her workhg contract holiday across the year.but read the contract.
    If they asked her to work on another day but she said no, it's not classed as holiday. You should check this out and find out if she turns any work down.
    This works the other way too, if she didn't take enough then she would be paid back again pro-roted based on the time she has been with them and her contracted hours.
    she should in the first instance obtain a break down from HR which is usually head office and this will show the time she has taken which she can query with her records.

    In short, no its not illegal, it is allowed because if they are owed they are entitled to take. However, query the records and break down and they will give it back.

    Hope this helps mate.

    Carl

  5. #5
    Admin & Merchandise Manager bigmac's Avatar
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    When she was on holiday she got £90 wages she normally gets £46 but holiday pay is apparently more than normal pay (so she has said) but even with that its not 18 days worth of pay lol she has only ever got £90 once when she was on holiday the rest of the time has been normal pay.

    This is what letter has stated

    Holiday Entitlement (Full year) = 20 days
    Holidays Accured to date of leaving = 12.38 days
    Number of paid holidays taken = 18.00 days
    Excess Number of holidays paid = 5.62 days
    Holiday overpayment = £120.61
    Less deductions refunded/money owed £46.66
    Toatl money outstanding = £73.95
    Last edited by bigmac; 16th September 2012 at 15:51.

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    £46 is £11 odd an hour. I want her job lol

  7. #7
    Admin & Merchandise Manager bigmac's Avatar
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    Thats a month lol

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    Numbers and details of the contract don't add up, we can't help. Sorry. I would check her contract and speak to HR

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    Regular Member Phil881's Avatar
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    20 days holiday would be 4 weeks on a full time contract, if she was on 1 day a week she would only need 4 days hoilday a year to make up her 4 weeks holiday.
    Looks like they have deducted the number of days off assuming she was on a full time contract. :-)
    Their mistake, speak to HR I'm sure the'll correct it.

  10. #10
    Regular Member m8internet's Avatar
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    Quote Originally Posted by bigmac View Post
    This is what letter has stated

    Holiday Entitlement (Full year) = 20 days
    Holidays Accured to date of leaving = 12.38 days
    Number of paid holidays taken = 18.00 days
    Excess Number of holidays paid = 5.62 days
    Holiday overpayment = £120.61
    Less deductions refunded/money owed £46.66
    Toatl money outstanding = £73.95
    Send a letter back (Royal Mail Recorded delivery only)
    Asking :
    With respect to the letter of X date, please provide full details of -
    A
    The holiday year to which this entitlement was accrued

    B
    The actual dates of the paid holiday taken

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