Can my previous employer make me repay money for excess holiday taken?

i transferred from company 1 to company 2 wef 1/10/08, within the same group. i had to resign from company 1, and was given a new contract and terms with company 2. my last salary from company 1 was end september. now my ceo is saying that i must repay excess holiday taken from company 1, since they did not deduct it from final salary. he suggested that he deduct if from my salary in company 2.

i have now left company 2 and he is chasing me for the excess holiday payment from company 1. my contract only allowed for a deduction from final salary. can he legally make me pay this?

somerset68

i think he can. i also think it's your right to offer to pay 5p a week for so many years, that'll p*ss him off.

Ashey L

Yes, I'm afraid he can. If you take more holiday than you're owed in a tax year (I think the minimum is 28 days or so, pro rata) then your boss is legally allowed to claim back any money that was overpaid to you.

Robert M

Put simply "YES"

CatalanGuiri

Yes.

weewilly will

Holidays are calculated over a year.So if you are entitled to , say for example 20 days per year and you take it all in the 1st 6 months and then leave before the year is up you naturally will have been overpaid.You resigned from company 1 to join company 2 presumably before the holiday year end so any over payment has to be paid back. So YES in that type of situation you would be required to pay back the difference,
You will have been entitled to some holiday pay from company 2, Did you take it ? Were you paid it when you left ?

P.S. From what you say you have moved from one branch of a large Company to another branch of the same company so the parent company will be responsible for your Salary/wages etc.

Green-Monkey

Yes but normally this would be taken out of your final payslip not billing you for it afterwards

Flyby

It depends on what your contract says. If it is in your contract that you both signed then he should be able to collect the money from you.

charlie

Company 2 have no business stopping that out of your wages without a court order. They are two completely separate contracts.

However, you do still owe the company 1 money as they have paid you holiday which you have not accrued, presumably on a "pro-rata" system, which he is entitled to ask for his money back and pursue you through the courts if he doesn't get it (although very few do).

If company 2 stop this out of your wages without a court order then seek advice from the CAB or a solicitor, they cannot deduct money from your wages purely on the say-so of company 1.

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