Personal tools
You are here: Home questions One of my employees has taken more holiday than he has accrued and is now leaving. Can I withhold his final payment?
Document Actions
  • Send this page to somebody
  • Print this page
  • Add Bookmarklet

One of my employees has taken more holiday than he has accrued and is now leaving. Can I withhold his final payment?

Is it legal for me to withhold final payment to an employee who has taken more holiday in the current year than he has accrued? He has taken nineteen days but has only accrued nine. He is now owed wages for six days of work. The company does not operate with a formal written contract.

Yes - an employer can withhold salary for overpaid wages but you should write to the ex-employee explaining what you have done.

Were you to face a legal challenge the fact that you do not have written contracts of employment would count against you in a Court of law. We could provide fully up to date written contracts for you for around £250.  Please reply to this email if you want to use this service.

We hope this information answers your question and that you found our free service fast, comprehensive and useful. We answer questions on any legal matter so please tell anyone else who you think might benefit from our free assistance.

It would also be a good idea to bookmark http://www.lawanswers.co.uk in case you need free advice on any other legal question.

Please come back to us if you have any other legal matter we can assist with in future.

 

Important! Ask your own free questions... Questions are answered accurately at the time they are posted but the law can change or your circumstances may differ in an important but not obvious way from those mentioned. For fast, free and up-to-date personal legal advice direct to your inbox about your own individual case ask Law Answers your own free legal question.


sign up for freecover
more about freecover and sign up form

by Maria Mason last modified 2008-05-19 17:44

This site conforms to the following standards:

law answers network homeAsk Law Answers your own free legal question.