Holiday Pay – Update

This is important – please read if you work on commission, work overtime, receive a bonus, shift premium or any other payment that is not paid for holiday periods.

As reported previously, the European Court ruled in a UNISON case that workers should not suffer financially when they take annual leave. This means that if you receive any of the above payments or any other additional payments when you are at work (other than expenses) but do not receive them for periods when you are on holiday, you may be able to claim back pay in respect of non-payment of these additional sums.

Please contact the Branch immediately if the above applies to you and complete a CASE form.

It is important that you contact your Branch and complete a CASE form if your employer has recently started to include any additional payments in your pay in your payslip as ‘holiday pay’ or if you have just noticed that your pay has increased without explanation

You must act quickly. Most tribunal claims must be submitted within three months less one day of the date of the act complained of. In these circumstances, the act complained of is the failure to pay the additional sums for annual leave. If payments are now being made, time started to run from the date on which you were most recently paid holiday pay that did not include any additional sums.

Upon receipt of your CASE form, your claim will be considered and you will be contacted and advised as to whether your claim has reasonable chance of success.

If you have already returned a Holiday Pay CASE form, your case is being assessed by UNISON Legal Services and we will write out to you in due course.

Source: UNISON Scotland

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