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Holiday pay claims - break of three months breaks an ongoing series of deductions

May 19, 2017

 

 An employment tribunal has held that where there is a gap of three months between an underpayment of holiday pay, this breaks the series of deductions, preventing employees from claiming backdated underpaid holiday prior to the three month period.  Following recent cases which held that commission and guaranteed overtime should be included when calculating holiday pay, if three months have passed since an employee last took holiday, their claim will be limited to the last three months leading up to them bringing a claim.

 

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