Scottish EAT Confirms Holiday Pay Claims Time Barred Where More Than Three Month Gap Exists

    View Authors May 2017

    You may be thinking “but didn’t we know that already?”. And you would be right, but the latest decision in the Bear Scotland litigation has, hopefully, now put that point to bed.

    The Scottish Employment Appeal Tribunal (EAT) in Fulton & anor v Bear Scotland Ltd has dismissed an appeal by workers seeking to overturn an earlier EAT decision in the same case, in which it was held that unlawful deduction from wages claims for the underpayment of holiday pay are time barred where there has been a gap of more than three months between alleged underpayments. This latest decision is good news for employers and means that many claims for historical underpayment of holiday pay will continue to be found out of time.