Where do I stand

Fringe

Fringe

Fringe

Associate
Joined
23 Jan 2013
Posts
151
Location
Yorkshire
I am having an issue and not knowing a lot about this I just wanted to get some opinions.

I started my new job halfway through the year , I have taken my allocated holidays that where on my lms system. I have been told that I shouldn't have been paid for some of the holidays I have taken. Now I have only taken what was on the holiday system. Is this my fault ? Should I be punished for this with diminished wages or should this come down to the dept or HR who set me up on the holiday system ?

So I am I right in saying this is not my problem or are they right saying I will have to pay this back ?
 
Whenever that's happened at places I've been at, whether through mistakes or just allowing someone to take paid holiday within their first year when they haven't accrued enough yet, it's simply been a case of
"you've taken more holiday than you've accrued, you'll have to wait until you get some more until you've "accrued" what you've already taken. If you quit before this, then it will be deducted.

Or just at managers discretion if it's like one or two days/company telling you to take time off at Xmas etc.
 
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i am not asking to take more holiday i have been told that i have taken 6 too many and they need to figure out how am paying this back. i am not leaving the company. i do not see how it comes down to me to make sure the holidays i have been allocated is my responsibility to check. surely this is managers issue or company issue not to deducted my wage because of there mistake
 
Fringe said:
I am having an issue and not knowing a lot about this I just wanted to get some opinions.

I started my new job halfway through the year , I have taken my allocated holidays that where on my lms system. I have been told that I shouldn't have been paid for some of the holidays I have taken. Now I have only taken what was on the holiday system. Is this my fault ? Should I be punished for this with diminished wages or should this come down to the dept or HR who set me up on the holiday system ?

So I am I right in saying this is not my problem or are they right saying I will have to pay this back ?
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What's your annual holiday entitlement, how many did you take and how many are they saying your prorated entitlement should have been?
 
Youve got to use some common sense too. If you know you get say 20+8 days holiday a year, and you join midway through the year, you then have two weeks for the half year plus remaining bank holidays. If you take 3 weeks off then despite what the system says, you know you taking 3 weeks off isnt right.
 
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Unless it was obvious and they gave you a 12 month allocation for 6 months, I’d be pushing back fairly hard.
Depends on what the company are like I guess.
I’m not one to keep my head down usually :D
They should at least be explaining how this happened rather than just say you owe us X days.
Do you work over (unpaid) much? If so, I would be countering how often I do that as well.
 
So when I started I was told twice that the holiday system was correct it was showing that I had 16 so I took that as gospel yeah I should have maybe used some common sense but if you are told twice your not going to really question it
 
Fringe said:
So when I started I was told twice that the holiday system was correct it was showing that I had 16 so I took that as gospel yeah I should have maybe used some common sense but if you are told twice your not going to really question it
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In writing? Throw it back at them.

Verbally? Learn not to trust people in future :p
 
ajf said:
Unless it was obvious and they gave you a 12 month allocation for 6 months, I’d be pushing back fairly hard.
Depends on what the company are like I guess.
I’m not one to keep my head down usually :D
They should at least be explaining how this happened rather than just say you owe us X days.
Do you work over (unpaid) much? If so, I would be countering how often I do that as well.
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I work over about 6 to 10 hours a week plus if there is something wrong when am at home I jump on to sort it
 
Fringe said:
So when I started I was told twice that the holiday system was correct it was showing that I had 16 so I took that as gospel yeah I should have maybe used some common sense but if you are told twice your not going to really question it
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What if it said 30, would you take it as gospel you could take 6 weeks off for half a years work?
 
If all your holidays are allocated to you (rather than you choosing and getting approved) and you've been allocated more than your entitlement despite challenging it, if you don't get anywhere with your HR, it's probably worth a call to ACAS to ask what your rights are in the particular situation. You may find HR/Management decide it's easier to just let it go if they realise you're seeking more advice.
 
Bear said:
What if it said 30, would you take it as gospel you could take 6 weeks off for half a years work?
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Yeah, if the system is showing that allowance and I've got confirmation from my boss/HR that the system is correct then I'd absolutely expect to take that leave.

The opposite is the case for me. I get 25 days - but I also carried over 4 from last year that my boss confirmed with HR, and I received a bonus 3 days due to some work that had to take place over 3 consecutive weekends so that left me with 32 total days. The system only showed 28 for me, HR confirmed it wouldn't be a problem but I was never able to actually book those remaining days as the system essentially doesn't let you 'go into negative'.

Lots of back and forth across multiple weeks with no change, in the end my boss just tells me to take the 3 days anyway, sod the system and we'll crack on like adults.

I think as long as you're willing to discuss things openly and be very transparent (i.e. its showing me X days, is that right?) then I would be a little annoyed to book the leave shown to me, only to then be told actually what you were shown was incorrect.

Let's replace holiday in this discussion with salary.

If the system was showing you getting paid a certain salary which you query with your boss and HR and they confirm the system is accurate, and you received that salary for a few months - then part way through the year HR tell you that you've been overpaid, the system is wrong and you now need to return X amount. How would you respond in that situation?
 
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Fringe said:
30 i would question but it said 15
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But you did question it, twice apparently and was told it was correct? The point Im trying to make is that it was obvioiusly a mistake and when questioned, they obviously just brushed it off as correct whithout delving into it. You must know how much holiday you get and it would have been half of that as you joined half way through the year.

Perhaps you could come to an amicable resolution between you as you are both at fault, but if your employer digs their heels in and wants it back and you get too pushy in getting a solution that best suits you, you might find yourself out of a job eventually as you would be a marked man
 
At this stage @Fringe all you need to do is write to your employer n a relaxed but formal email asking for clarification on a) how the initial calculation of entitlement was done b) approval process against that entitlement for holiday taken c) what your entitlement should have been and d) how and why they have recalculated it now.

Without those 4 clarified in writing by your employer, then there is no useful advice we can give or clarity you can get. There are a few other steps and questions but the above is sufficient to let them know your seeking resolution and allows them an opportunity to resolve amicably.

This is a pretty common occurrence btw.
 
Typically you will accrue in your first year, and if you take more holiday than you've accrued they could give the specific number of unaccured days as unpaid holiday. Or just deny the whole lot.

I had this situation, that my staff wanted to take holidays in june, but couldn't because new financial year, usually for new starters it's different to those who've worked there for at least a year, also causes problems because then no one can take holidays for months until the near the end of that year end september as they wouldn't have accrued another for two weeks off

"dept or HR who set me up on the holiday system ?"

If you show some backbone, even if you're right you'll be on the target for your P45. Companies and HR want brainless spineless drones.

Sounds like you work retail.
 
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