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We recently posted an article following the Employment Appeals Tribunal’s (EAT) decision that non-guaranteed overtime must be taken into account in calculating statutory holiday pay. Click here to view this article.


Three cases were heard jointly by the EAT (Hertel, Amec  and Bear Scotland) and the EAT granted permission for the claimants in two of the three cases to appeal the decisions.


The Unite Union, who represented the claimants in Hertel and Amec, has announced that it will not be appealing the decision made by the EAT.


This announcement means that there will be no change to the EAT’s decision on the limitations for back dated claims and that workers will not be able to bring claims based on a series of underpaid holiday periods where there has been a gap of more than three months between these periods.  Unite Union has stated that “we don’t want to bankrupt businesses; going forward it is about ensuring employees are paid their fair share”.  


The employers in the two cases may still appeal the decisions made by the EAT; however they are unlikely to do that given they would risk overturning the limitation that was put in place to the benefit of employers restricting the extent to which workers could make retrospective claims.


This latest news should largely alleviate the concerns of many employers that they could be exposed to very significant back dated claims for additional holiday pay.


If you would like further information on how you should react to this ruling please contact your normal Thomas Westcott representative.