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Following the recent Employment Appeal Tribunal ruling, any worker who routinely gets paid to work overtime as part of a normal working pattern can make a claim for overtime hours that have not been paid as part of holiday pay - for holidays taken within the last three months.

If you have not been paid your holiday pay taking into account your regular overtime and you wish to make a back-dated claim you have limited time to do so. Please call Lawson-West on 0116 212 1000 as soon as possible to see how we can help.

The background

The European Working Time Directive, which was brought into law in the UK as far back as 1998, states that employees should receive their 'normal' pay when they go on annual leave. The tribunal ruling on 4th November found that Britain has been misinterpreting the directive by not including regular overtime when calculating holiday pay.

The rules affect those workers in the UK who are regularly paid for overtime as part of their ‘normal’ working pattern. This is most likely to include people who work in retail, manufacturing, construction and maintenance, where overtime is frequently paid for.

However, people who work over their contracted hours e.g. in an office, but do not get paid for it will not get extra holiday pay, as these hours are not paid overtime.

If you’d like more information on making a claim for the overtime element of holiday pay, please contact Ashley Hunt, Vaishali Thakerar or Carrie-Ann Randall at Lawson-West on 0116 212 1000 as soon as possible. Remember you only have a limited amount of time to make a claim.