Can an employee bring a claim for backdated holiday pay? Employment Law

Yes, an employee can bring a claim for backdated holiday pay. The limitation period for bringing claims for an underpaid holiday is three months from the last failed payment. Employees can claim for a series of failed payments.

Employees can only backdate their claim up to two years from the date the claim is made and only where there is no break in the chain of over three months.

A series of deductions will be broken if there is a gap of three months or more between deductions, so claims for deductions made before that gap cannot be claimed for. For example, John could have a failed payment in January but might not have taken leave again until June. This means he cannot claim for January and before.

If you have any more questions regarding employment law, please contact us now. We offer a one-hour fixed fee employment law appointment for employees for £100+vat. Appointments can be carried out face-to-face or over the phone.