Aberdeenshire UNISON

Holiday Pay Claims - Find out if you have a claim and act NOW

March 2015

Holiday Pay update - Act NOW if you think you have a claim

Case FormThe branch has once again written to all members urging them to get in touch immediately with the UNISON office on 01224 620624 for a Holiday Pay Case Form if you believe you have a claim for additional holiday pay. Because of legal time limits, this must be completed and returned no later than Friday 20th March.

Inez Teece, Branch Secretary said, "The council is looking to settle the issue over holiday pay, particularly for certain allowances and additional hours that in the past have not been included in holiday pay.

Inez Teece
Inez Teece

"These include overtime, additional hours, weekend working rate, night working rate, public holiday rate, standby, call out, sleep in, registrar's allowance, accompanying residents on holiday, home tuition, twilights payments and music centre duties.

"However the council only plans to backdate these payments to 1st January 2015.

"UNISON believes that many workers will have valid claims that should be backdated further. For example if you took annual leave over the Christmas period and your holiday pay didn't include additional holiday payments based on the above allowances, you won't get a backdated payment for them under the council's current proposals.

"If you think that you do have a claim you must contact immediately. We will not be able to pursue a claim for you unless we receive a Holiday Pay Case form by 20th March as legal time limits will kick in. It is members' responsibility to complete the form and return it to us with the documents required.

"Please make sure that you don't lose out!"


November 2014
Branch writes to all members about holiday pay claims

Case FormThe Branch has written out individually to all our members urging them to get in touch with the Grampian Resource Centre on 01224 620624, if you think that you might be entitled to a claim under the new ruling.

Inez Teece, Branch Secretary said, "If you work on commission, work overtime, get a bonus, shift premium or any other payment, and this has not been paid during your holidays then you may have a claim.

Inez Teece
Inez Teece

"Please contact the Resource Centre to get a CASE form to complete and return.

"It is especially important to act immediately if your employer has recently started to include any additional payments in your payslip as "holiday pay" or even any unexplained increases," added Inez.

"Most tribunal claims must be submitted within three months less one day of the date of the act complained of, which in this case is the failure to pay additional sums for annual leave. If your employer starts to make these payments then time starts to run out from the date on which you were last paid holiday pay which didn't include the extra sums.

"When the Branch receives your completed CASE form your claim will considered and you will be contacted and advised if your has a reasonable chance of success.

"If you have already returned a Holiday Pay CASE form, your case is being assessed by UNISON's legal team and we will write out to you in due course."


November 2014
Holiday Pay Claims Important Update

Since our earlier briefing on holiday pay claims, a number of employers have attempted to limit their liability for back pay by including additional money for holiday pay in workers’ pay.

This triggers the time limit for claims with the effect that many claims may go out of time. Where this has been done by a large employer like a local authority, you will already have received advice from UNISON.

If your pay now includes an element of additional pay, the time for bringing a claim will have started from the date on which you were last underpaid holiday pay. If there are more than three months since the last time holiday pay did not include additional sums, then you will be unable to pursue a claim.

Your branch will be sending out a more detailed briefing very soon, but you should contact them now if you think you are running out of time because your employer has made additional payments for past underpaid holidays.


October 2014

Holiday Pay Claims - do you have one?

UNISON is urging members who think they have been underpaid holiday pay to contact the branch as soon as possible.

The call follows a decision in May this year by the European Court of Justice which means employees who normally get paid enhancements like overtime, shifts and commission - but not when they are on holiday - might be able to make a claim against their employer.

The judgement is the result of a successful claim by UNISON member Joe Lock, in what is now being called the 'Lock' case. The court ruled that paid annual leave is a fundamental social right and Mr Lock's holiday pay should include any commission which is directly linked work, in this case for British Gas. The result of this decision will have important implications for workers across a wide variety of sectors.  In short, the court has said employers need to assess 'normal pay' for their workers when they are calculating holiday pay.

Inez Teece
Inez Teece

Inez Teece, Branch Secretary, said, "This significant decision confirms what UNISON has been saying for some time. Holiday pay not only includes a worker's basic pay, but also other payments like overtime, bonuses and commission which can be reasonably said to form part of their normal pay packet.

"We want to work constructively with employers to scope out the impact of this ruling. Employers will need to look at the terms and conditions of their staff and realise that current business models of under-contracting, running on overtime and the inappropriate use of zero hours contracts are no longer an option."

The Branch has written to all employers where we have members, asking what they intend to do in relation to unpaid holiday pay in respect of additional payments during working time. On a national level, UNISON is collating responses from employers and will then decide a strategy on how best to pursue them.

It is not yet clear how many members may be affected, however, it is vital that any members who think they may have a claim get in touch with their local branch as soon as possible.




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