This is important – please read if you work on commission, work overtime, receive a bonus, shift premium or any other payment that is not paid for holiday periods.

The European Court has recently ruled in a UNISON case that workers ought not to suffer financially when they take annual leave.  This means that if you receive any of the above payments or any other additional payments when you are at work (other than expenses) but do not receive them for periods when you are on holiday, you may be able to claim back pay in respect of non-payment of these additional sums. 

Needless to say employers will be seeking to limit the amounts they have to pay out in back pay so people who think they are affected need to complete a CASE form as soon as posible to allow Unison solicitors to lodge a claim on their behalf.

You can download a CASE form here to make a claim.

For NHS staff their additional unsocial hours payment for annual leave is often paid monthly as a fraction of their total unsocial hours payment.  the fraction is 12.5% and usually appears as WTD.  if you have other bonuses that are only paid when you are working and the 12.5% is not   applied you may have a claim. Some ancillary staff at the OUHT are paid overtime and their is no additional fraction aded suggesting they are not paid the overtime when on annual leave.