Average Holiday Pay and back pay

[newmoses]

I am on the understanding that Average Holiday pay back pay can now be claimed for 2 years back.This ruling by the British Government, was made in January 2015, but I am on the understanding that it doesn't become law until the end of June 2015?.

How does an employee get the back pay?.is it going to be made legal that an employer automatically has to pay it. or will the employee have to make a claim through the Employment Tribunal, or a county court claim?

I am also aware of a ruling from the european Court of Justice on holiday pay back pay.This will be given in May 2015. The ECJ could make it law that up to 6 years back pay can be claimed to 2009 when the AHP came in as part of the Working time Directive.Would the ECJ decision make the British governments ruling defunct, and the new ECJ ruling the precedence?

Is it best for employees to wait until the ECJ make their decision as this may pave the way for back pay up to 6 years instead of the governments current 2 years?.

[becky2585]

Basically if you are owed holiday pay, you need to claim as soon as possible and in any event within three months of the last deduction. It can be claimed back for two years.

 

Don't wait because you might lose your right to claim. You have to go through the employment tribunal unless you manage to settle through ACAS early conciliation.

[newmoses]

According to my union regional rep, he says that new laws come into effect in June.I am assuming he is referring the ECJ ruling which will have a binding decision in may, and being enforced from June???