Holiday pay: Employer could not recover "excess" holiday pay

Key points

• In Hill v Chapell 1 [2003] IRLR 19, the EAT holds that there was no "overpayment" of holiday pay or of wages in circumstances where an employee was entitled, under the Working Time Regulations 1998, to 20 days' paid holiday per annum, and had taken 15 days' paid holiday by agreement with her employer during her six months of employment.
• Therefore, an employment tribunal, which made an award in favour of the employee in respect of unlawful deduction from her wages, erred in law in crediting the employer with an amount representing five days' "overpaid" leave.