As a result of NIPSA negotiations, AfC employers are paying average overtime/allowances from 1 April 2025.
This is your final opportunity to be represented in the group action for recovery of underpaid holiday entitlement.
Since 2017 NIPSA has sent circulars, bulletins and held meetings on this issue and have lodged thousands of claims already. However, there are many members who may be entitled but have not submitted a claim for holiday pay, and this page is explains how. This is a final opportunity to submit a claim.
Arising from the Supreme Court Judgement in Agnew/Smyth v PSNI there is an opportunity for some members/new members/those in the process of becoming a member of NIPSA to still claim.
You may be entitled to the equivalent of 5.6 weeks average overtime for each year you have worked back to 23 November 1996 when EU Member States were required to transpose the original Working Time Directive or your start of service whichever is later.
In order to assess whether you are eligible, we have set out a number of questions below which we ask you to answer.
- Do you work overtime either Contractual or Voluntary which you do not get paid when you go on annual leave during the last three months? Yes No
- Do you get allowances which you do not get paid when you take annual leave during the last three months? Yes No
If you have answered yes to either of the above you should proceed to the Question 3.
If you have answered no to both questions above you do not have a claim and therefore you need not do anything further.
- Has your employer started paying Holiday Pay? Yes No
- Has your employer been paying for more than three months? Yes No
- Is your employer paying the correct divisor? Yes No
IF you have answered yes to all Questions that is Questions 3, 4 and 5 then you do not have a claim and need take no further action.
If you answered no to any one of Questions 3, 4 or 5 and wish to lodge a Holiday Pay Claim you need to click here or scan the QR code to the left. This opens our Health Trusts Holiday Pay form. Please fill in all of the details requested.
On the basis of these instructions NIPSA will lodge a grievance and OITFET proceedings which can be viewed via the NIPSA website: https://nipsa.org.uk/campaigns/holiday-pay/1170-holiday-pay-info-update-dec-23
Please note if you do not fill in all answers your paperwork will not be processed and it will remain your responsibility to pursue any claim for holiday pay.
Furthermore, you must be a member of NIPSA, and remain a member of NIPSA in-order that NIPSA can act for you in respect of this matter and for NIPSA’s solicitors to be able to act on your behalf.
Finally in relation to new members, if you are not in receipt of your membership number at the time of completion of the holiday pay form NIPSA will be internally validating all new members to confirm proof of membership. If a valid membership is unable to be confirmed NIPSA will be taking no further action, and it will remain your responsibility to pursue any claim for holiday pay.
