Are you aware of the implications unpaid holiday work can have?
Can it be argued that a gap of more than 3 months in a ‘series’ of deductions break the series? No was the answer from the Court of Appeal in Northern Ireland (‘NICA’), in Chief Constable of Northern Ireland v Agnew.
The NICA reviewed and saw a number of issues, which included what is meant by a ‘series’ of deductions from wages referring to holiday pay and the actually meaning of ‘series’ in the Employment Rights Order 1996 (‘ERO’).
Claimants argued that the ERO never fully “imposes a limit on the gaps between particular deductions making up a series”. These large gaps in payment have allowed for employees to claim back years’ worth of holiday pay they are entitled to, however were discouraged to have.
Making sure that your business keeps on top of holiday pay can help you avoid issues arising, if in doubt please don’t hesitate to call us on 01522 370190 or email us at firstname.lastname@example.org.