Tribunal Judgement - Holiday Pay: Update
10 January 2015
At the time of the ruling it was expected that the Unite union may appeal on the definition of a series of payments; requesting that workers should be able to backdate their claims up to the introduction of the working time directive in 1998. However, Unite are not appealing which has reduced the impact of a whole host of potentially costly backdated claims.
Since the ruling CWU Head Office has received legal advice and have been in discussions with Tony Rupa, Legal Services to establish a common approach in advising our members.
The complicating factor for the T&FS sector is that we represent 35 companies and therefore there are a myriad of contracts, overtime arrangements and commission/ bonus payments which our members receive.
As a consequence of the above, it is has been agreed in conjunction with the Legal Department that our position should be that we push for all employers to ensure CWU membersí holiday pay takes into account additional elements of membersí remuneration including overtime and commission payments, with a view that we may be able to come to a negotiated settlement over any backdated element.
Should employers refuse to change holiday pay to include normal remuneration for our members, then we will need to take decisions on how we take this issue further to protect our position.