Fulton and anor v Bear Scotland Ltd Posted In: Case Law
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionWorking Time and Leave, Tribunal Practice, Procedures and Jurisdictional Issues
The latest decision in this long-running series of cases about holiday pay and the amount of pay due concerned whether the gap of more than three months between non-payments or underpayments of wages breaks the 'series' of deductions for the purpose of bringing a claim.
The EAT has ruled that there is no room for doubt - the three month time limit is an absolute bar to proceeding. Consequently, where a period of more than three months has lapsed between successive non-payments or underpayments of holiday pay, a claim is time-barred, subject to the tribunal's discretion to extend time.
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