Dear Members,
We issued the below email in November 2014 following the ruling from the Employment Appeal Tribunal, we had a good return from our members and we submitted these cases to our solicitor, unfortunately all of the cases were out of time as a claim needed to be submitted within 3 months of your last statutory annual leave (first 210 hrs of annual leave) been taken.
This year we wish to ensure that none of our members lose out on the money to which they are entitled so we are encouraging our members to submit a Holiday Pay Claim form in following each period of annual leave to ensure that your claims are within time scale’s
IMPORTANT INFORMATION PLEASE READ CAREFULLY
Dear Member
Two recent legal cases on holiday pay could mean that UNISON members may have claims for underpayment if they did not receive their normal pay when on annual leave.
In the first - known as the Lock case - the European court ruled in favour of a UNISON member who argued that paid annual leave should include commission payments if these were part of normal pay.
And recently, the Employment Appeal Tribunal (EAT) ruled in another case that overtime payment should be included in holiday pay if members are required to work overtime regularly.
The EAT took the UNISON Lock judgment into account when it reached its decision.
Both cases referred to the European Working Time Directive, with its guarantee of paid leave, and the judgments only apply to the statutory leave entitlement.
Both issues may affect members who have been underpaid in the past when taking leave and UNISON will support members who have a claim.
As with all tribunal cases, there are strict time limits for when a claim must be submitted: for these cases it is three months, less one day, from date of the last alleged underpayment following a period of statutory annual leave.
UNISON Yorkshire Ambulance Branch is encouraging all members to complete and return the attached case form .
The strict time limits mean that you might lose out if you delay.
UNISON Branch Committee
