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no appeal in holiday pay cases

27 November 2014

As we reported earlier this month, the EAT confirmed that holiday pay calculations should include a sum of money reflecting normal non-guaranteed overtime.

The slightly more surprising element of the judgment was that claims for back pay would be out of time if there has been a break of more than three months between successive underpayments. It had previously been thought that claims for back pay could go back as far as 1998 when the working time regulations were introduced.

Permission to appeal was granted and a number of commentators expected that UNITE would appeal the decision to limit claims to three months. However, according to WSB, employers can breathe a sigh of relief as UNITE have confirmed they will not be appealing the decision. It may not be the end of the road though as there are rumours that claimant solicitors are considering bringing claims in the civil courts where the limitation period is six years.

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