Fulton and anor v Bear Scotland Ltd [2017]

  • Case Reference
    UKEATS/0010/16/JW
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Working Time and Leave, Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Holiday Pay; Time Limits; Three Month Gap Ruling

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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This article is correct at 25/05/2017
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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