NannaGreen
New member
- Jan 9, 2009
- 1
- 0
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My colleague started working for the company 12 months ago. She was taken on for 15hrs per week, but not given a contract or anything to sign, in August last year she was moved upto 30hrs per week to replace a person leaving, in October she was asked to sign a contract for 15hrs per week, she signed the contract under pressure as she needed the job.
Just before christmas she was informed she would be getting a 30hr contract after the christmas break, she returned to work today to be informed she has been overpaid in her holiday pay, they paid her 30hrs per week holidays and saying cause shes only contracted for 15hrs she owes them the money back. A total of £275.04p
They have said that even though she worked the majority of the year 30hrs she is not entitled to 30hrs holiday, even though it was their mistake, they have said that she has to work unpaid for 5hrs per week to pay this back.
She is a single person with rent, bills and credit cards to pay for like everyone else, and cannot afford to miss that many hours paid, she can however if required afford to pay back a set amount of say £5-£10 per week.
My main question is, can they legally recover the funds from her wages wthout her consent, in writing or otherwise.
And secondly, if she is to pay the amount back, if she offers a lower amount do they have to legally acept it if she can prove she cannot afford to pay more back.
Just before christmas she was informed she would be getting a 30hr contract after the christmas break, she returned to work today to be informed she has been overpaid in her holiday pay, they paid her 30hrs per week holidays and saying cause shes only contracted for 15hrs she owes them the money back. A total of £275.04p
They have said that even though she worked the majority of the year 30hrs she is not entitled to 30hrs holiday, even though it was their mistake, they have said that she has to work unpaid for 5hrs per week to pay this back.
She is a single person with rent, bills and credit cards to pay for like everyone else, and cannot afford to miss that many hours paid, she can however if required afford to pay back a set amount of say £5-£10 per week.
My main question is, can they legally recover the funds from her wages wthout her consent, in writing or otherwise.
And secondly, if she is to pay the amount back, if she offers a lower amount do they have to legally acept it if she can prove she cannot afford to pay more back.