In light of the recent case law, ACAS has published updated guidance on calculating holiday pay. The new guidance is aimed at employees but is useful to employers also, as it confirms that employees could have a claim where they believe their employer failed to take into account ALL elements of pay normally received, e.g. commission and overtime, when calculating their holiday pay.
Employers should be reminded that the Deduction from Wages (Limitation) Regulations 2014 will be implemented on 1st July 2015 and will restrict any holiday pay claims from going back more than 2 years. Moreover employees cannot bring a holiday pay claim after 3 months from the last date on which they claimed to have been underpaid. Where the claim relates to several underpayments during a specific period, there should not be more than 3 months between any two underpayments within the series.
Adrian, a highly experienced lawyer, founded Lawspeed in 1997. He is responsible for developing our extensive portfolio of products and services, including the widely used Lawspeed contract templates. Adrian is an expert on “recruitment law” and specialises in contracts, regulatory compliance, employment status and dispute handling. He is chair of the trade body the Association of Recruitment Consultancies, the only lawyer lead recruitment trade body in the UK. Adrian and his co-director Ravi devised Standards in Recruitment as a vehicle for helping drive up standards and compliance in the industry.
Adrian is our lead in discussions with the government over regulatory evolution. Apart from assisting with client support, Adrian’s primary role is research and development into methods of business delivery, our latest service Proterms being his most recent project. Adrian heads our IR35 lawyers team.