Holiday Pay Claims Important Update

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.

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.

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. Go to http://www.unison-edinburgh.org.uk/holidaypay/index.html for more information.

URGENT - NORMAL PAY FOR HOLIDAY CLAIMS

The following letter is going out to all members working for the City of Edinburgh Council. Please read carefully. You MAY have a claim:

"As we have previously informed you, on 22 May 2014, UNISON member Joe Lock was successful in his claim, Lock v British Gas. The Court of Justice of the European Union (CJEU) found that a worker’s annual leave pay should include commission payments if these were part of normal pay. The Employment Tribunal will decide how UK law will now be interpreted in light of this decision. It is likely that whatever decision is reached by the Employment Tribunal will be appealed through the higher courts, so it may be a long time before any payments are received.