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2 too many hols last year-now work want them back??


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Hello.

My team leader came up to me yesterday to tell me that he had mistakenly given me 2 too many holidays last year and that i would either have to repay the company the money or give up the 2 of my holidays this year...

or after a further chat,

give up one holiday this year and one next year!

 

I told him that i would not make a decision until next week,

a few other workers have suffered the same mistake and they have already chosen various options.

 

If im honest

i like my team leader and

i quite like my place of work

 

as a gesture of goodwill,

i am willing to maybe repay the money over the remaining 11 months (£14ish per month)

but i really really would like to know where i stand legally

just so i can show them that i dont actually have to help them out...!

 

Any advice would be appreciated, thank you in advance!!

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IMHO it seems a bit like overpayment. Employers are entitled to ask for the overpayment back, so I think if they have given you too many holidays, they can ask for it back too. Employees od not have a right to benefit from genuine mistakes of employers.

 

It seesm to me allowing you to repay over two years is fairly generous.

I am not a lawyer, so all my advice is provided on the basis that you will check them with a trained legal professional with legal insurance.:(

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Hi again,

just to let you know that i checked it out with my Union's legal department

 

it seems that if the employer gives you extra holidays by mistake then you have no duty to pay them back and they cannot take the money from your wages unless you give them permission and they cannot take the holidays from you as holidays are 'given' to you as a health and saftey law,

 

ie- you aren't allowed to work 100 week days (as an exaggeration) straight with no holidays.

 

I hope this has helped clear this up for you guys!

Thank you for your help!!

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