Is this legal?

Elba101

Hi all,

I got a new batch of holiday days in Jan for the year. I used them all by July and last week I handed in my 4 week notice. The company said that they will dock money from my last pay because I took all my hoiday days before the year was up.


Is this legal? Do I have a leg to stand on and fight my cornor with this one?

Thanks

RedXIV

I'm afraid you're in the wrong here.

You earn holidays over the time you work so if you get 22 holiday days in a year and only work half a year, you are then only entitled to 11 holiday days.

I'm afraid your employer is completely in the right here and you don't have a leg to stand on

dvpower

Seems perfectly reasonable to me.
You have a trusting flexible employer who allowed you top take leave up front and now you want to take advantage of this flexibility.

allibastor

i doubt is taking advantage of the employers good nature, more a concern over if its right.

the answer is yes, the employer is legally entitled to recover this overpayment from you. most companies will state at the start of the year you have, lets say 25 days a year holiday. it is based on you doing the full year, but allowed to take your holidays at any time. if that was the case most of us would only take 3 days at easter and arounf 3 weeks at christmas by the time they build up.

at least you got good holidays from it.:cool:

Elba101

Thanks guys! I know I was in the worng but just wanted to make sure. Sigh...