Given too many Lieu days- made to pay back

[stonesour]

Hello all..
First post on the site, hopefully I will explain my situation well enough...

I work in a factory, I work continentals, (12 hr shifts) which, becasue I have less than 5 years service entitles me to 23 x 12 hours holiday per year.
I found out on 10th December from my supervisor that the Time and attendance system had been checked by the manager and it was found I had taken an extra 3 days.
My supervisor is resposible for checking my time and attendance and signing off my holiday request forms. I was told I had these days, so I took them.
I had up until around july kept a personal record of which days I had taken in a diary but this got lost and I lost track.
Having sat down with my supervisor it became evident where the mistake had been made. He had created a spreadsheet for each member of the team and started my entitlement with 24 days instead of 23 and then during the summer had forgot to mark down two of my holidays, so therefore when I was asking how many days I had left at the backend of the year it showed I had 3 more than I actually had, which I took.
I am now in the situation where I have been asked to work back the 36 hours (this year, which ontop of my normal shifts seems almost impossible) I have asked if this time can be deducted from next years entitlement but I am informed not. Whilst I agree I took too many holidays, it was not intentional. Do I really need to pay the company back?

[barracad]

Originally Posted by stonesour

Do I really need to pay the company back?

Yes.

Whether you intended to or not, you have taken more leave than you were entitled to, so in effect your employer has overpaid you, which they are entitled to claim back.

If this will put you in financial difficulty then you should make arrangements for the repayment to be deducted in installments across a number of pay packets, rather than taken all in one go.

[paulgmb]

Hi Stonesour,
its all about compromise really. You took these holidays in good faith and if you are admitting that you did take these holidays on the advice of your supervisor then I think what you have proposed is fair and reasonable.
Put that forward to them in writing if necessary as your proposal and seek the support of your Union Rep if you have one.
At the end of the day they can't force you to work back time for nothing nor can they (legally) make an unlawful deduction of earnings, so if you are happy to take them off next years entitlement (which from the 1st October 2007 is 24 X 12) then they will have to accept it.
Although it is really your responsibility to keep a record of holidays taken the supervisor has to accept some of the blame and if you hadn't already made the offer, I would have suggested that the company meet you half way!
Get yourself a pocket diary for Christmas and do what I do. Everytime you book holidays put A/L in big letters!
Best of luck. Great band too!
Regards,
Paul.

[stonesour]

thanks for all the help
I have made the suggestion to HR that they take the time from Next years holiday entitlement, or alternatively make the necessary adjustment to my pay over the next 3 months.
I'll let you guys know the outcome once I get a response..