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Claiming back underpaid holiday pay


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I understand there's an employment tribunal appeal taking place 30, 31st July 2014 in relation to underpayment of holiday pay and that the tribunal will likely rule in favor of the employee. I understand this would potentially allow an employee to claim back underpaid holiday pay way back to 1998. My question is does the tax man retain copies of P60s and if so how long back?

 

Cheers

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Is this the Lock case? That one is certainly interesting as it could affect many thousands of people as it determines whether those whose earnings include commission should be entitled to a calculation for 'lost' commission whilst taking a period of holiday and therefore not selling/earning commission!

 

Payroll records are only kept for up to four years by employers but I suppose that in theory HMRC will have some detail for income and tax deductions for the entire working life of an individual, just not the detail, which is kept for 6 years. The actual P60 will probably therefore be destroyed after six years but there will be a Gross/Net income record for the lifetime of each person.

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Lock v British Gas, means that any workers whose pay is recognised either wholly or partly in commission will be entitled to have this reflected in their holiday pay.

 

That is a CJEU Decision so what is the Employment Tribunal role as that judgement has to be incorporated into UK employment domestic legislation

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I understand there's an employment tribunal appeal taking place 30, 31st July 2014 in relation to underpayment of holiday pay and that the tribunal will likely rule in favor of the employee. I understand this would potentially allow an employee to claim back underpaid holiday pay way back to 1998. My question is does the tax man retain copies of P60s and if so how long back?

 

 

 

Cheers

 


I am a union rep and also following this with interest. It has been discussed at European and British level such is the expected outcome. They >think it may be the first week in October for the outcome and as I am led to believe due to the ability to cause employers a deluge of back pay requests there may be a cap placed on it.

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The law generally only allows payments to be claimed going back a maximum of 6 years.

 

But where the claim is one of unlawful deductions from 'wages' as determined under the WTD, the claim could be brought for a series of deductions over the entire period back to the inception of the WTD?

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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But where the claim is one of unlawful deductions from 'wages' as determined under the WTD, the claim could be brought for a series of deductions over the entire period back to the inception of the WTD?

Good point. I'm not sure it is totally clear-cut, though.

 

Certainly you can use a series of deductions for getting around the rule that a claim to the Employment Tribunal for unlawful wage deductions must be brought within 3 months, as there is a specific statutory basis for this (s23(3) ERA 1996).

 

I'm not sure you can use the same logic to get around the six year Limitation Act 1980 restriction. I have always understood that you can only claim for separate things going back 6 years, even if they are closely related or part of the same thing ... although on a quick look just now didn't find any clear judgment on this.

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Would the limitations be bypassed in that its when you found out it was unlawful, similar to the PPI reclaims?

Possibly - you could say that both you and the employer were mistaken about the legal entitlement to overtime, and that you could have only found out about it when the court decision was issued. Its definitely worth a go, although not a guaranteed thing. The courts have actually gone both ways on PPI claims in different cases.

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