Claiming for Holiday Pay

The House of Lords has handed down judgment in the case of HM Revenue and Customs v. Stringer and ors, holding that claims to enforce entitlement to holiday pay under the Working Time Regulations 1998 can be pursued under the Employment Rights Act 1996.  The upshot of this is that Claimants will have three months from the last in a series of deductions to put in a claim under the ERA, as opposed to three months from the date of each deduction, as stipulated by the Regulations. 

However, other important issues on the interpretation of the Regulations’ annual leave provisions in relation to workers who are on long-term sick leave - highlighted earlier this year in a ruling by the European Court of Justice - were not revisited by their Lordships in their decision.

Nick Barnett

Published on 12/06/2009