As the title says ,
I wonder how this will be applied and how they will calculate it, how will they convince employers to pay it and how far will they back date it ?Its of interest to me as we are expected to work fluctuating levels of overtime based on planned production targets, breakdowns etc with the actual amount you need to do not called every day untill just over 1 hour before normal home time .
Already started being settled. John Lewis/Waitrose already settled up last year (gone back six years) - some very large payouts. Various big companies such as Royal Mail have been approached. Unions like Unison, Unite and the CWU are already doing things. The less zombified unions like above and the GMB and a few others will put in claims and ask for immediate change or the next pay negotiations. They tell their members and claims but not an apocalyptically large number go in.
The more zombified unions like USDAW will do very little and say when it has gone to the court of appeal, could you please think about giving us what you're going to be forced to give us, that'd be awfully nice.
The reason there was great confusion about the time limits is the EU directive allows 3 months to claims whereas the 1996 Employment Rights Act allows it to be treated as a 'series' of claims and strung along if there are no breaks in the chain (allowing vastly bigger claims). This is because the House of Lords actually ruled that holiday pay was wages for the purpose of unlawful deduction of wages (hence the whole case).
If a company puts their house in order by either settling up or changing from now on this is theoretically limiting their losses. This is because the narrow Employment Tribunal window shuts off as the chain is broken. Despite the claim of the apocalypse most of the people affected will probably never claim. Some companies will simply keep quiet and not do anything at all until they are made to (maybe months or a couple of years from now) gambling (where they know about it) that they can have the smallest payout with no or few claims and changing over at a later date.
The reason why some companies are so worried is this much discussed theoretical maximum of sixteen years as companies may not have detailed payroll going back that far.
I'd say talk to a union rep, as it sounds on paper that you would have a claim, but as you are already a rep apparently, then talk to a trade union organiser or official at HQ/regional level or your union's legal line. There's going to be a few contrary people on here saying yeah don't believe anything you read on the internet talk to 'qualified' people only. That advise is half right. The case appeared on the EAT database on Tuesday afternoon. If you are aware of relevant arguments and your contract details before you chat it'll go a lot better.
