How much is your holiday worth?
The answer to this question is often not straightforward, and even big employers may fall foul of the complex rules.
The starting point is that a week of holiday pay should reflect a week’s wage. For employees who receive the same pay in each pay period, without additional payments or allowances, that is straightforward. For employees with commission, overtime, or allowances, where their salary may vary significantly from week to week, the situation can be more complex. However, the law is clear that these variable elements, if they are paid regularly, should be taken into account when holiday pay is calculated. Yet many employers are still paying their employees who receive these variable elements of pay only the basic rate for their holidays. This may amount to an unlawful deduction from wages.
If you think you may have a holiday pay claim, we recommend that you seek advice as soon as possible, ideally before you take steps such as submitting any forms with Acas or the Employment Tribunal, as this can make it more difficult to effectively assist you. It is also important that you act as soon as possible, as any claim must be raised with the Employment Tribunal within 3 months of the most recent underpayment.
How we can help: We may be able to assist by reviewing your case to determine whether you may have been underpaid holiday pay, correspond with your employer on your behalf, and, if necessary, represent you in Employment Tribunal proceedings. The Aberdeen Law Project can also draw on knowledge from previous cases we have worked on to increase the chances of success in every matter.
Ryan McLean, a lead advisor in a successful pay dispute matter, said: ‘The law surrounding holiday pay can be extremely complicated, with very tight deadlines for a claim, so it is crucial that individuals get in contact as soon as they suspect they have been underpaid.’
If you require assistance in relation to holiday pay and cannot afford a solicitor, please do not hesitate to contact us for a confidential conversation to see if we can help. If we are unable to act on your behalf, we will endeavour to recommend another organisation or law firm that is able to assist you. Please contact us by phone (01224 272434) or by email (representation@abdnlawproject.com).