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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50206
Experience:  Qualified Employment Solicitor
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An employee left out company last month. He had been with us

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An employee left out company last month. He had been with us just under 3 months however when he joined us we agreed to honour a holiday that he had previously booked even though he wouldn't have accrued enough holiday. On his return he resigned giving us a weeks notice. He has already been paid his salary and we are looking to recover the 2 weeks he was overpaid and also the holiday pay which he received in good faith. however he is refusing to pay the holiday side of the overpayment as he is thinks we are being unreasonable. Do you think us trying to recover the over payment for holiday as being unreasonable.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. No not at all, you are entirely within your legal rights to recover that amount. The employee would accrue holiday allowance on a daily basis and depending on when they started and left they would have accrued a pro-rata entitlement of their whole year's allowance. So if at the time their employment is terminated they have taken more holiday than that which has been accrued, it is considered an overpayment, which you can recover. You have the explicit legal right to deduct that from their wages without their consent. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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