deduction of overpaid holidays

[mariefab]

Re: deduction of overpaid holidays

http://www.bailii.org/uk/cases/UKEAT...0_01_2003.html

[matt3942]

Re: deduction of overpaid holidays

Thank you, [MENTION=26290]mariefab[/MENTION]

[judgemental24]

Re: deduction of overpaid holidays

Great link

i am looking into recent precedent now as that EAT IS 13 years old now

[judgemental24]

Re: deduction of overpaid holidays

While i look into this for any future precedent i must accept the Employment Appeals Tribunals decision of 2003.

Mat3942

With that case law i have to accept you are correct until proven different

Great objective reference Mariefab

Good debate

[matt3942]

Re: deduction of overpaid holidays

Thank you [MENTION=70489]judgemental24[/MENTION]

That is what I was taught when I did my CIPD employment law, I'm just terrible at remembering case law references!

- Matt

[judgemental24]

Re: deduction of overpaid holidays

just confirmed it

You can deduct excess holiday entitlement from a current employee

An employer cannot deduct the holiday pay overpaid from the final wage payment unless there is a written agreement for the deduction of wages.

[matt3942]

Re: deduction of overpaid holidays

That is correct (and what I said in my first comment). In theory the issue shouldn't arise with an existing employee.

- Matt

[FlamingParrot]

Re: deduction of overpaid holidays

Great link

i am looking into recent precedent now as that EAT IS 13 years old now

While i look into this for any future precedent i must accept the Employment Appeals Tribunals decision of 2003.

I just want to say that authorities older than 13 years were successfully used in a recent ET case I know about.