Holiday pay disputes
Under the Working Time Regulations 1998, your holiday pay should include any commissions and overtime you usually earn. If you didn't get this, you may be entitled to dispute the amount you were paid.
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Are you getting the holiday pay you're entitled to?
, workers should receive holiday pay that represents the same overtime and commission they would earn while physically at work. If you have only been getting basic pay when on holiday, and would have earned more if you had been at work instead, we may be able to help you claim for these variable aspects of your pay, as well as other variables such as bonuses.
If you think that this applies to you, it may be worth speaking to one of our specialist employment solicitors, who will explain how the Working Times Regulations 1998 affect your holiday pay entitlement. They may also be able to make a 'deduction from wages' claim on your behalf in an employment tribunal.
How much holiday pay could I claim?
That all depends on how long it is since your last holiday that didn't attract holiday pay at the correct rate. Legally, 'deduction from wages' claims like this can go back as much as two years; which could add up to a fair amount of money if you've taken all of your holiday entitlement at regular intervals.
The law as it currently stands means that a gap of more than three months in any series of deductions will mean you losing the right to make a claim for earlier deductions. This will usually occur when there has been a gap of more than three months between any holidays you've taken.
How do I make a deduction from wages holiday pay claim?
The secret to a successful claim is to act as quickly as possible. You need to make a holiday pay claim within three months of the last deduction, which will relate to the last holiday you took. This is particularly necessary as some employers are now changing commission arrangements in order to avoid liability for 'deduction from wages' claims.
It's also possible for them to 'break the chain' that currently goes back as much as two years by simply paying the correct holiday pay, without deductions, for your most recent holiday. To speak to one of our experienced employment solicitors about making a holiday pay claim, call us on or and we'll call you.
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