Update on Holiday Pay Claim

Release Date: 14 Apr 2017

Source: PFNI

There has been much debate around how far back members are entitled to claim back in this case and many questions arising; for example does it go back to 1998? Why is my claim based solely on a 3 month time scale? As a Retired officer, Inspector and above why am I not eligible to claim at this stage?
To be clear, it will be for the Industrial Tribunal to establish whether any claim for loss will be restricted to the three months immediately preceding the date of their claim, or, if the argument is acceded to that a Police Officer is considered a ‘worker’ under Article 45 of the Employment Rights (NI) Order 1996 (ERO), then it is anticipated that Officers may be entitled to claim back for a number of years.  If that is the case then retired officers, those in Inspecting Ranks and above may qualify for a claim, subject to the detail of the Tribunal ruling.
If it is accepted by the Tribunal that Police Officers are not workers then the claims for unlawful deduction of wage under Article 45 of the ERO would fail and the value of each claim would be substantially less as they would only succeed on a claim under the Working Time Regulations which would allow the claims to be based solely on the last 3 months. 
All cases, whether Federation Funded or not are in the same position. 

Colin McCrum
PFNI Secretary

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