Under the Working Time Regulations 1998, your holiday pay should include any commissions and overtime you usually earn. If you didn't get this, you may be entitled to dispute the amount you were paid.
Under the terms of the Working Times Regulations 1998, workers should receive holiday pay that represents the same overtime and commission they would earn while physically at work. If you have only been getting basic pay when on holiday and would have earned more if you had been at work instead, we may be able to help you claim for these variable aspects of your pay, as well as other variables such as bonuses.
If you think that this applies to you, it may be worth speaking to one of our specialist employment solicitors, who will explain how the Working Times Regulations 1998 affect your holiday pay entitlement. They may also be able to make a 'deduction from wages' claim on your behalf in an employment tribunal.
To speak to one of our experienced holiday pay dispute solicitors, call us on 0330 041 5869 or contact us online and we'll call you back.
How much compensation could I be entitled to through a holiday pay claim?
That all depends on how long it is since your last holiday that didn't attract holiday pay at the correct rate. Legally, 'deduction from wages' claims like this can go back as much as two years; which could add up to a fair amount of money if you've taken all of your holiday entitlement at regular intervals.
The law as it currently stands means that a gap of more than three months in any series of deductions will mean you losing the right to make a claim for earlier deductions. This will usually occur when there has been a gap of more than three months between any holidays you've taken.
How do I make a ‘deduction from wages’ holiday pay claim?
The secret to a successful claim is to act as quickly as possible. You need to make a holiday pay claim within three months of the last deduction, which will relate to the last holiday you took. This is particularly necessary as some employers are now changing commission arrangements to avoid liability for 'deduction from wages' claims.
It's also possible for them to 'break the chain' that currently goes back as much as two years by simply paying the correct holiday pay, without deductions, for your most recent holiday.
To speak to one of our experienced employment solicitors about making a holiday pay claim, call us on 0330 041 5869 or contact us online and we'll call you back.
Why choose Slater and Gordon’s holiday pay dispute solicitors?
Everyone is entitled to take some time out of work to recuperate, relax or enjoy some family time, but learning that you’re missing out on wages you are entitled to can sour the experience.
Our friendly and experienced holiday pay dispute team have an outstanding track record of successful cases relating to holiday pay, and many of our solicitors have received recognition from esteemed legal publications such as Chambers and Partners and the Legal 500. With a wealth of experience and expertise, you can trust that you are in good hands.
I am very happy with the service provided which was professional, quick and efficient. I would certainly recommend Slater and Gordon Lawyers should any chance arise. Huge thank you!
V K (employment case)
The Manchester Office has been very professional, helpful and prompt when dealing with a settlement agreement regarding my voluntary redundancy. I would have no hesitation in recommending Slater and Gordon for any employment law issue.
D M (employment case)
I would 100% recommend Slater and Gordon if you need any help in employment law. They offer an incredible service.
H L (employment case)
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Is my employer legally obligated to pay me holiday pay?
For most workers, your employer will have to pay you holiday pay. As a minimum, most employees are legally entitled to 5.6 weeks’ paid holiday a year (including public or bank holiday), though some employers may offer more in your employment contract.
Whether employers are legally obligated to pay you holiday pay, and how much, will depend upon the terms in your contract, so it is a good idea to know what has been set out in writing.
If you feel your employer has not been paying you fairly during your holidays, speak to one of our expert holiday pay solicitors today to find out how we can help you make a claim.
Is there a time limit for making a holiday pay claim?
If your employer has not paid you fairly for time out of the office, you need to act quickly. The deadline for pursuing a holiday pay claim is usually 3 months, minus one day, from the date your employer should have paid you the money they owed (usually your last pay date).
Speak to our team today to find out more about making a claim for a holiday pay dispute.
I am very happy with the service provided which was professional, quick and efficient. I would certainly recommend Slater and Gordon Lawyers should any chance arise. Huge thank you! V K (employment case)
The Manchester Office has been very professional, helpful and prompt when dealing with a settlement agreement regarding my voluntary redundancy. I would have no hesitation in recommending Slater and Gordon for any employment law issue. D M (employment case)
I would 100% recommend Slater and Gordon if you need any help in employment law. They offer an incredible service. H L (employment case)