Fulton and anor v Bear Scotland Ltd [2017]
Posted In: Case Law-
Case Reference
UKEATS/0010/16/JW -
Legal Body
Employment Appeal Tribunal (UKEAT) -
Type of Claim / Jurisdiction
Working Time, 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.
https://www.legal-island.com/globalassets/pdf-documents/EATS001016JW.pdf
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