In November 2014, the Employment Appeal Tribunal decided, in the case of Bear Scotland v Fulton, that in relation to certain annual leave entitlements, the method by which holiday pay is calculated should take into account non-guaranteed overtime (overtime that employers are not obliged to offer but a worker has to work if it is offered). As a result, we have made changes to the way we assess claims for holiday pay.
If you received a payment from the Redundancy Payments Service for holiday pay from August 2011 onwards and you indicated in your claim that you worked overtime as part of that employment, you should already have been contacted by us directly. If you received a payment from us from before this date, however, and you were eligible for non-guaranteed overtime, then you may wish to contact us to discuss whether or not your payment was affected by the decision.
Please be ready to provide the following documents to help us:
- Your contract of employment with your employer at the time (or other evidence relating to that contract); and
- Evidence that you worked overtime in the three months prior to your date of dismissal.
- Evidence of the overtime pattern you usually worked or evidence of the overtime worked in the 12 weeks prior to the holiday period you were unpaid for.
You can contact us at email@example.com.
This only affects payments for unpaid holiday pay. Your other payments are not affected.
Please do not contact us if:
- Your claim to the Redundancy Payments Service was assessed and rejected.
- You did not receive a payment for holiday pay.