Holiday Pay - Additional payments

Holiday Pay – additional payments

This is important – please read if you work on commission, work overtime, receive a bonus, shift premium, special educational needs allowance, or any other regular payment that is not paid for holiday periods.

The European Court has recently ruled in a UNISON case that workers ought not to suffer financially when they take annual leave.  This means that if you receive any of the above payments or any other additional payments when you are at work (other than expenses) but do not receive them for periods when you are on holiday, you may be able to claim back pay in respect of non-payment of these additional sums.

Please contact your Branch immediately if the above applies to you, complete a case form, click here, and begin collecting evidence to back up a claim.  It is also important that you contact your Branch and complete a case form if your employer has recently started to include any additional payments in your pay that are referred to in your payslip or if you have just noticed that your pay has increased without explanation.

You must act quickly.  Most tribunal claims must be submitted within three months less one day of the date of the act complained of.  In these circumstances, the act complained of is the failure to pay the additional sums for annual leave.  Therefore, if the payments are now being made, time started to run from the date on which you were most recently paid holiday pay that did not include any additional sums.


Upon receipt of your case form, your claim will be considered and you will be contacted and advised as to whether your claim has reasonable prospects of success.