Holiday BackPay Claims
Lots of readers have been in touch in recent weeks asking about holiday pay and the possibility of pursuing another claim for 'back pay' with their employer.
Well this all depends on whether or not people have been receiving their 'normal pay' when they go on holiday, as this ought to include any additional payments that are made during the working year - overtime or shift payments, for example.
Now when I was still working with Unison this happened as a matter of routine and the local council employers in Scotland, as well as the NHS, always included these additional payments in 'holiday' pay packets.
But apparently things have been allowed to slide badly in recent years and lots of employers have been paying their workers less than their 'normal pay' when they have been taking their holidays.
Which means that large numbers of people are likely to have claims for back pay.
Here's a letter that's going out to A4ES clients in North Lanarkshire, but the same applies in other areas and with other employers - not just those in the public sector but in the private sector as well.
So spread the word and let other friends and family members know the score - more news to follow.
Dear Colleague
NORTH LANARKSHIRE COUNCIL – HOLIDAY BACK PAY CLAIM
As you know Action4Equality Scotland (A4ES) has been supporting your claim and leading the fight for equal pay in North Lanarkshire Council, but recent developments in the ECJ (European Court of Justice) suggest that, in addition to equal pay, some employees may also have a new and separate claim for outstanding holiday pay.
The gist of the ECJ decision is that employees will have a claim if their employers have not been paying people correctly when they go on holiday. In short, if you normally earn additions to your basic pay such as:
- overtime
- shifts and unsocial hours payments
- attendance allowances, bonuses and performance payments
- any other enhancements normally included within your basic pay
Then you will have a ‘holiday pay claim’ if your employer has not included these payments when paying you for your annual leave. North Lanarkshire Council seems to accept that it has not been doing this correctly as it recently announced that it will be changing its pay arrangements for all future holidays.
But the sting in the tail is that the council will not be paying back pay for previous holidays.
So we believe that anyone who has been underpaid up until now may be entitled to substantial back pay - and a claim could go back many years. To get any back pay to which you are entitled you must make a new claim, as was the case with equal pay, because the council will not make back pay payments voluntarily.
As the council is changing its pay arrangements there is a very short time to register a claim with the tribunals - 3 months from the date when you were last underpaid for holiday.
For many people the clock started running in the summer of 2014 - so don't delay!
Effectively, this is a completely new claim and is not covered by your current agreement with A4ES.
So you need to make a new claim and because equal pay is being treated as an separate issue I have set up a new company to deal with holiday back pay claims which I have called HOLIDAY BACK PAY CLAIMS LIMITED.
If you want to make a claim I have enclosed a pack of information and relevant contracts for you to complete and return.
Even If you this does not apply to you remember that your friends, family or colleagues may be able to do so. If they want forms please visit http://www.holidaybackpayclaims.co.uk and fill in the ‘New Claim Pack’ request form or contact HOLIDAY BACK PAY CLAIMS LIMITED on the numbers below.
Any questions do not hesitate to contact either myself or Karl Bromley on 0800 024 6888 or 0141 3438066. Alternatively you can contact Mark Irvine via the Action 4 Equality Scotland blogsite at:www.action4equalityscotland.blogspot.com
Yours sincerely
STEFAN CROSS QC (HON)
Solicitor (non practising)
