Question: What is Holiday Pay?
Answer: Holiday pay is the pay you receive when you take your holidays:
The Working Time Directive states you are entitled to 20 days holiday paid at “normal pay”;
You are entitled to a further 8 days under the Working Time Regulations. These days paid at “basic pay”;
Normal can include overtime payments and allowances.
Question: How often do I need to work overtime or be paid allowances to receive holiday pay?
Answer: The Courts have not defined ‘regularity’ therefore each case must be considered on its own ”facts”. The Court stated “we agree that a series of deductions can be constituted by deductions with a sufficient frequency of repetition but occurring at different time intervals and also we would add in different amounts”.
Question: Am I entitled to holiday pay?
Answer: You may be entitled to holiday pay if you work ‘regular’ overtime and/or receive allowances but when you go on holiday your employer does not pay you your “normal” pay, ie including any overtime worked for the 20 days under the Working Time Directive:
e.g. I earn £100 basic;
I earn £50 overtime and/or allowances;
When on holiday I am only paid based on my basic pay i.e £100. You can only bring a claim for a loss suffered in the preceding 3 months, ie within 3 months from the date that you should have received normal pay for the holiday taken.
Question: Which allowances are included?
Answer: This will depend on the facts of each case.
Question: If my allowances or overtime have been paid when I go on holiday do I have a claim?
Answer: This will depend on the facts of each case and also will depend on whether your employer has been paying “normal pay” on the basis of working days or calendar days.
Question: How do I claim for Holiday Pay?
Answer: You need to contact NIPSA either at the Department Seconded Office or NIPSA Headquarters. You will be sent a pack including an ET1 Tribunal form which must be lodged with the Office of Industrial Tribunals. NIPSA will add your name to the grievance with your employer.
You can only bring a claim if you have suffered a loss within the last 3 months no matter if you have been doing overtime in the past.
Question: If I am a NIPSA member will NIPSA support my claim?
Answer: If you meet the criteria for the collective action NIPSA will support your case.
Question: If I have already lodged my claim (ET1 form) what do I do?
Answer: Nothing at the moment, NIPSA will contact you when necessary. This may take some time.
Question: If I have not lodged what will I do?
Answer: Contact NIPSA, get a claim pack and lodge your ET1 as soon as possible. You are still entitled to lodge a claim provided you have suffered a loss within the last 3 months. You must lodge immediately as employers may start making lawful payments and this could break the “series” if a claim is not made within 3 months. Furthermore, emergency legislation could be brought in to limit the extent of the claims as in England and Wales.
Question: My friend retired can they claim back pay?
Answer: That depends on when they retired. If they have retired more than 3 months ago then they will not be eligible to bring a claim to the OITFET
Question: How is this calculated?
Answer: This will be question of fact. The Court held that the divisor of 365 days was wrong and that the divisor used should be the actual days worked.
eg, if you work Mon-Fri, 9-5 then it is calculated as follows: