Overpayment in Old Employment

[Rosenicola]

Hi Guys

I just wondered. I walked out of my last employment without working my notice as I was having problems with my boss and couldn't takei it any more. I was entiltled to 20 holiday days a year, which i took early.

Of course, this now means that i owe the company time as i left in September.

They are now sending me letters saying that they have overpaid me and that they want the money back.

Do i have to pay this as surely it's there mistake.

Thanks :-)

[CheekyChops]

How was it there mistake if you walked out? Were you entitled to 20 days holiday per year, if so, assuming you were only part way through the year then you won't be entitled to the full 20 days and this could be what they want back.

[Ethel]

It is not their mistake.

You chose to take your 20 days early and you received holiday pay. Your employer kept his part of the contract..

You left within the same 12 months - you have not fulfilled your part of the contract.

Had you not taken any holiday in that year, you would have been entitled to holiday pay when you left - pro rata.

You are not entitled to that money.

[Rosenicola]

Thanks guys

I admire your honesty :-)

I will sort it

xx

[dzug]

Even if it was their mistake you would still legally have to pay it back