'Overpayment' issue with Employer

[monkey1990]

Hi all,

 

I wonder if I could get some advice re an issie with my employer?

 

I have recently resigned from work and have received a letter saying I have 'over taken leave by 13 days' and I have to repay the 13 days in full, which amounts to jut over £500.

 

The pertienent points here are:

 

1. I have been with my employer for 11 months in total. My first role was a '6 month temporary contract' that ended after 6 months. My second role started the day after my first one ended and is a '2 year temporary contract'. As I ended one contract/role and then started in my 2nd role, I was deemed to have 'left' after the 1st one ended and then 'started' again when the 2nd one began. I was given a new pay number / man number for the 2nd role.

 

2. Yes, I have 'over taken' annual leave, as I have used up (with my manager's consent) my full year's worth of A/L in a 6 month period.

 

2. I donot have, nor have I ever signed or seen either a contract or a statement of particular for the 2nd (current) role.

 

3. I did receive and sign a statement of particulars (not a contract though) for the 1st role. This document didn't contain any mention of what would happen in any 'overpayment' scenario.

 

4. The employer owes me £280 in unpaid fuel claims which covers the last 3 months.

 

How do I stand here? Am I legally obliged to repay this money? If I do, can I offer to do so in installments? if so, is there a 'minimum' I'd have to pay back per month?

 

Thanks all

Monkey1990

[mariefab]

You could ask them to send you a copy of the agreement that permits them to recover your overtaken holiday pay.

In the absence of such a document they cannot make you pay.

See 14(4) below.

 

http://www.legislation.gov.uk/uksi/1998/1833/regulation/14/made

[monkey1990]

So without that document they cannot ask for the money back?

 

Do they need to have given me a copy of this? Do I need to have signed it? (I have never seen/had/signed such a document).

 

Thanks

[mariefab]

No, they can't.

 

I suggest that you write to them simply saying:

 

'Further to your request for reimbursement of overtaken holiday pay.

Please provide me with a copy of the relevant agreement authorising you to recover this payment.

 

'Keep a copy and send it by recorded delivery so that you can prove receipt.

 

Have a close look at the statement of particulars you have. Does it refer to any other terms and conditions/staff handbook/policies etc.? It's even possible that they could be covered by a collective agreement.

 

Whether or not you signed anything doesn't really matter. You'll have to wait and see what, if anything, they come up with and pop back here when they respond.