Claiming if Not Receiving Normal Pay When on Holiday - Prolegal

Claiming if Not Receiving Normal Pay When on Holiday

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Recent cases confirm that workers should receive their “normal pay” for the 4 weeks of their holiday entitlement that is required by European law. “Normal Pay” includes regular overtime, commission or other similar payments.

If you are not paid your “normal pay” when you are on holiday, you could have the right to claim back-pay, potentially back to the start of your employment.  Similarly, if you are not paid your “normal pay” for any accrued but untaken holidays on termination of your employment, you could have the right to claim in respect of these payments, as well as any other underpayments, again, potentially back to the start of your employment.

If you believe that you have been underpaid and may be entitled to receive back-pay, please contact us as quickly as possible: employers can prevent a claim for back-pay by ensuring that they pay your correct entitlement for your most recent holiday, or for accrued holiday on termination of your employment, meaning you will then have only three months to make a claim for all historical underpayments you may be owed.  If you do not make a claim within three months, you will be out of time to make a claim and lose your entitlement completely. 

If you feel you may have been underpaid, please contact us for more information and to discuss whether you might have the right to claim.

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