Too much leave

Hill v Chapel ([2003] IRLR 19)

When the employee resigned she had taken five days more annual leave than she was entitled to pro-rata. Nevertheless, the employment tribunal was wrong to give credit to the employer for the excess holidays taken. This was not a case of ‘overpayment’ of holiday pay and there was no relevant agreement under regulation 14(4) of the Working Time Regulations 1998 permitting this recovery. Therefore there was no basis for giving credit for the extra five days’ holiday pay.