In our blog Holiday pay – the next employment battleground we predicted that mass litigation was looming for underpaid holiday pay. This appears to be borne out by news from ACAS that 300 such ‘group claims’ have already been received by their early conciliation service, 90% of these in Scotland.
A ‘group claim’ is where a person (such as a trade union representative, solicitor or individual claimant) raises a claim on behalf of a group of people. At this stage, it is not clear how many individuals are within each group.
The claims stem from the decision in Lock v British Gas, which has caused a stir amongst employers, leaving many at risk of claims for underpaid holiday pay (potentially stretching back over a number of years) where, for example, commission, overtime and shift allowances have not been included in holiday pay calculations.
What can we do to help?
We have put together a kit to help employers assess their potential liability for underpaid holiday pay. We are already assisting clients with pre-emptive action before their own employees raise the point (which, almost inevitably, they will do) and advising clients who are facing grievances or claims, making use of our case management system to handle volume litigation.
Please get in touch if you want to discuss how we can help you.
On October 24, 2014