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Your Questions AnsweredPosted on by Angela Rhodes
Q: Are we likely to receive claims for back-pay for underpaid holiday?
A: There has been a widely-spread suggestion in the media that claims for underpaid holiday could be made as far back as 1998 when the working time regulations were introduced. However, in the appeal of Bear Scotland, the Employment Appeals Tribunal ruled that any claims of this nature would not succeed provided there has been a period of at least three months between holiday underpayments. Overtime only needs to be included in the first 20 days of statutory holiday (this includes bank holidays) so it is likely that there will be a three-month gap within the recent past. The prospect of large back-pay claims is therefore limited.
There was wide speculation that Unite who were representing some of the employees in the Bear Scotland cases would appeal this aspect of the decision but they have recently announced that there will be no appeal.
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