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Hi, basically I left my job after 13months, during the 12th month I took 2 weeks holiday of my newly renewed holiday days due to it being a new year. Now I've left the company they are asking for over £300 back and are threatening legal action. What is legal position in this?

 

Thanks.

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Hi brad,

 

Holiday pay is within the definition of wages, so this is like any other overpayment of wages. The employer is in theory entitled to recover this from any future payment of wages - the question is do they still owe you any wages?

 

If not in reality they can only recover this via a small claim - somthing most companies don't bother doing.

 

Che


...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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They owe me no wages. If they threaten legal action, will they necessarily take it?

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You'll need a fortune teller for that question.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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