Overpayment of holiday entitlement

[Linnn56]

Following an injury at work in March 2014, I was off work on sick leave for 16 months. I required surgery in April this year and made the decision to resign on 21 July giving one month's notice which was covered by my sick note. I expected all my accrued holidays (5.6 weeks) from 1/4/14 - 31/3/15 and % from 1/4/15 - 21/8/15. When I received my final payment my holiday entitlement had only been paid until 31/7/15. I contacted my employer and they agreed this was an error and are paying me the difference. However the total payment was still less than I had calculated so I asked for a breakdown. It transpired that my employer had deducted 4.5 days for year 2013-2014 which they said was because I had exceeded my entitlement by this amount. I had been employed since 2007 and had the same holidays every year and had never had any previous deductions. I used to work a week at Easter when the factory was closed to carry out maintainence work and I then took this week back at a later date. I would have submitted a time sheet for that week but I have no way of proving this. Are they entitled to deduct this from my final pay without my permission or discussion with me? My contract does state that they can reclaim any overpayment of holidays on termination of employment.

[dan_1207]

Re: Overpayment of holiday entitlement

If they are entitled to under your contract (which you have confirmed they are) then yes, sorry.