Following the much publicised Employment Appeal Tribunal (“EAT”) decision in Bear Scotland Ltd and ors v Fulton and ors the President of the Employment Tribunals in England and Wales has issued a Practice Direction on the handling of claims of underpaid holiday.
The EAT held that payments for non-guaranteed overtime must be taken into account in calculating such pay.
The Practice Direction deals with the situation where a Claimant has previously presented a claim for holiday pay and they wish to add further complaints of underpayments arising after the presentation of the original claim. The Practice Direction sets out the process for applying to amend the existing claim to save the Claimant having to submit a fresh claim which would necessitate payment of a further fee and the requirement to go through early conciliation.
The application will then be considered by an Employment Judge in line with the usual principles.
This should reduce the administrative and financial burden for Claimants, however, there is no guarantee that such an application will be successful. For more information on the decision in this case or on the application of the Practice Direction contact us today.