Slater and Gordon Lawyers is a national law firm leading the way on holiday pay issues. For expert legal advice or representation call our Employment Law Solicitors on freephone 0161 830 9642 or contact us online and we will call you.
Several important cases have changed the way that employers should calculate statutory holiday pay for some workers. Statutory holiday is the 5.6 weeks’ holiday that workers are entitled to under the Working Time Regulations 1998. It is likely that many people are still being underpaid for their holidays by their employers and may have a claim for back pay.
What does this mean?
This means that when on holiday workers should be paid something to represent the overtime and commission they would normally earn, in addition to basic pay. Workers may also be able to claim for other variable elements of pay such as bonuses so it is worth getting legal advice. Workers who have not been paid correctly have the right to insist on proper pay and could make a deduction from wages claim in the Employment Tribunal.
Does this apply to me?
If you are an employee or a self-employed ‘worker’ you have holiday rights under the Working Time Regulations 1998 to paid leave.
How much can I claim?
The law as it currently stands means that a gap of more than three months in any series of deductions will mean the worker loses the right to make a claim for earlier deductions. This may happen when there has been a gap of more than three months between holidays. The maximum period a back pay claim can be made for is two years.
What should I do?
Act now. Employers can ‘break the chain’ and stop workers from making a claim going back for up to two years by paying the correct holiday pay now. Some employers are even changing commission arrangements to avoid liability.
Holiday pay claims must be lodged within three months of the last deduction, meaning claims must be lodged within three months of a worker’s last holiday.
Slater and Gordon Lawyers is one of the UK's largest and well known law firms with offices in London, Manchester, Watford, Liverpool, Chester, Birmingham, Sheffield, Cardiff, Edinburgh, Cambridge, Milton Keynes, Preston, Wakefield and Wrexham.
Employment solicitors at Slater and Gordon UK are members of the Employment Lawyers Association.