Right to Keep Holiday Pay: Hill -v- Chapell

A worker who has taken less than his/her entitlement to holiday under the Working Time Regulations is entitled to be paid for his/her accrued leave on the termination of their employment.

The Employment Appeal Tribunal (EAT) has recently considered the position where employees have taken more than their entitlement to holiday under the Working Time Regulations by the date of the termination of employment in the case of Hill -v- Chapell (2002). The EAT held that an employer can not recover excess holiday pay unless there is an express provision made in a "relevant agreement" or a contractual document.
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