Since our earlier briefings on holiday pay claims, a number of employers have attempted to limit their liability for back pay by including additional money for holiday pay in workers’ pay, hence the recent tribunal…………
This triggers the time limit for claims with the effect that many claims may go out of time. Where this has been done by a large employer like a local authority, you will already have received advice from UNISON Midlothian.
If your pay now includes an element of additional pay, the time for bringing a claim will have started from the date on which you were last underpaid holiday pay. If there are more than three months since the last time holiday pay did not include additional sums, then you will be unable to pursue a claim.
The branch will be sending out a more detailed briefing very soon, but you should contact us now if you think you are running out of time because your employer has made additional payments for past underpaid holidays.