Separately, this week the President of the Employment Tribunal has revoked practice directions issued in December 2014 concerning the handling of underpaid holiday pay claims and substituted them with new directions. The practice direction allows a claimant to apply to amend an existing holiday pay claim to include a further complaint of alleged non payment of holiday pay that has arisen after the original claim was presented. Given that many applications to amend have been made where cases are stayed, the new practice direction confirms that applications will be dealt with at the time they are made and any stay lifted temporarily for that purpose.
Finally, the Court of Appeal in Northern Ireland is due to hear an appeal in June this year against an Industrial Tribunal's decision that voluntary overtime should not be included in the calculation of holiday pay. We will report further on this decision later this year once the appeal has been heard.
In the meantime, if you have any queries on the issue of holiday pay and commission or overtime arrangements, please do not hesitate to contact any member of our team.