An employee is leaving their job and they have already taken more than their accrued allowance for paid holiday leave at the time of leaving. They want to know if they have to pay back the overpaid amount.
As with all deductions from earnings, it must be either lawful or contractual so the first place to check is the employment contract or statement of employment. Your employer has no statutory right to deduct the value of the overtaken holiday. Therefore, this is an unlawful deduction from wages unless there is a specific provision in your terms and conditions of employment for the deduction to be made in these circumstances.
