Claimant v Royal Mail Group Limited
Outcome
Individual claims
The tribunal declared that the claimant suffered an unlawful deduction from wages in respect of holiday pay calculations which failed to include overtime payments. The respondent was ordered to pay the amount owed for those deductions.
The tribunal found that holiday pay received by the claimant was unlawfully calculated by not including reference to overtime worked. This resulted in an underpayment which was remedied by an award of £492.14.
Facts
The claimant was employed by Royal Mail Group Ltd and worked regular overtime. When calculating his holiday pay, the respondent failed to include reference to the overtime payments he had undertaken, resulting in an underpayment.
Decision
The tribunal declared that the claimant had suffered an unlawful deduction from wages under s.24 ERA 1996 because his holiday pay failed to include overtime. He was awarded £492.14 representing the shortfall. The scheduled final hearing was cancelled.
Practical note
Holiday pay calculations must include regular overtime payments, and failure to do so constitutes an unlawful deduction from wages under the Employment Rights Act 1996.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1602291/2023
- Decision date
- 7 May 2025
- Hearing type
- on papers
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- logistics
- Represented
- No
Claimant representation
- Represented
- No