URGENT! “NORMAL PAY FOR HOLIDAYS” CLAIMS
Lock v British Gas Trading Ltd (CJEU)
On 22nd May 2014 UNISON member Joe Lock was successful in his claim against British Gas. The Court of Justice of the European Union found that a worker’s annual leave pay should include commission payments if these were part of normal pay. The Employment Tribunal will now decide how UK law will be interpreted in light of this decision. It is likely that whatever decision is reached by the ET will be appealed through the higher courts so it may be a long time before any payments are received.
UNISON Midlothian has asked the council what they intend to do about the Lock decision. We think they MAY make additional payments from the August pay date and want to reach a collective agreement.
How to claim
If you are regularly given payments for time or activities at work that are not paid when you take annual leave (non-contractual overtime, additional hours, out of hours working, night working, standby etc) you should consider making a claim. UNISON will then see if your employer owes you any back pay and assess if a legal claim has any prospects of success.
CLAIMS MUST BE MADE WITHIN 3 MONTHS OF THE LAST PAYMENT OF UNDERPAID HOLIDAY PAY. YOUR EMPLOYER HAS STARTED PAYING OR IS ABOUT TO START INCLUDING ADDITIONAL PAYMENTS IN YOUR HOLIDAY PAY. TIME LIMITS MAY APPLY IN YOUR SITUATION.
If you think you may have a claim then please complete a case form and hand it into the UNISON office for submission to the lawyers.