No Backpay for worker claiming underpaid Holiday Pay

set-off employment tribunal

The “backpay claims for holiday pay” saga continues. The Unite union representing the claimants in the Hertel (UK) Ltd v Woods and others UKEAT/0160/14 and AMEC Group Ltd v Law and others UKEAT/0161/14 cases, will not be appealing the EAT’s decision. As a result, workers claiming underpaid holiday pay will be unable to bring claims stretching back many years and where there has been a gap of more than three months between the deductions.

Before the decision, employers had been concerned that retrospective unlawful deduction claims for underpaid holiday could go back to 1998, when the Working Time Regulations 1998 came into force.

Watch this space……it is unlikely that this brings an end to the backpay claim challenges.

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