hi,
My employer encouraged me to take holidays so far 16 days this year (earning ten, so far) and a week after I returned they entered into consultation period. They are now trying to deduct the holidays from my final pay.
Is this allowed? - do you have to repay any 'additional' holidays you have taken (approved by the company before taking) before they are earned - I had to take holidays now as the rest of the team were taking there holidays over the summer.
Employer wanting to deduct holidays
- 03-06-10, 08:58 PM #1doopheus
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Employer wanting to deduct holidays
- 03-06-10, 09:28 PM #2
Yes, it's irritating but perfectly legal. You are only entitled to holiday accrued up to the last day of your employment, so if you've already taken over that, your employer will deduct the balance.
- 22-07-10, 11:24 PM #3wallionjack
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Problem:
My employer encouraged me to take holidays so far 16 days this year (earning ten, so far) and a week after I returned they entered into consultation period. They are now trying to deduct the holidays from my final pay.
Is this allowed? - do you have to repay any 'additional' holidays you have taken (approved by the company before taking) before they are earned - I had to take holidays now as the rest of the team were taking there holidays over the summer.
Solution:
In your contract it should state how many days holiday that you are entitled to. You are therefore entitled to that many days per year so you will accrue this holiday throughout how long that you work in that year. Therefore if you take more holiday than you have accrued then your employer is entitled to take the extra holiday back in a reduction from your wages. However as here your employer appears to have forced you to take this holiday due to the needs of the business then you may be in a slightly different position. The best thing would probably be to get some free legal advice on this, you could ring CAB and they might be able to help; another option would be to call somewhere where you can get some initial advice, Quality Solicitors give a free first consultation and then you will have a better idea as to what position you are in.
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