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 judgement into account when it reached its decision.
Both cases referred to the European Working Time Directive, with its guarantee of paid leave, and the judgements 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.
If you think you may have been underpaid talk to your local UNISON rep or branch now. The strict time limits mean that you might lose out if you delay.
If you are not sure who your UNISON rep or branch is, or how to contact them, you can check by phoning UNISON Direct on 0800 0 857 857, freephone textphone 0800 0 967 968. Lines are open 6am-midnight Monday-Friday and 9am-4pm Saturday.