How far back can I reclaim Bank Holiday additional payments?

[Rem20]

Hello everyone,

I have only just realised that I should be getting additional Bank Holiday payments if worked. However my line manager has negligently failed to complete and summit the required form to Company Payroll so I have missed payment for 4 years now since I started with the Company.

My question is how far back, can I legally claim back these additional payments? I plan on claiming all these back.

Many Thanks.

[ULA]

Just to clarify contractually you should be receiving an additional payment/premium for working a bank holiday? If this has not been paid, then it is an unlawful deduction of wages and if you cannot resolve it internally which is what you should try to do first.

In terms of how far back you can claim the Deduction from Wages (Limitation) Regulations 2014 states that a tribunal can only consider unlawful deductions from wages which were paid within two years prior to the date of the claim.

If you cannot resolve this internally then you can make an employment tribunal claim within 3 month less a day beginning with the date of payment from which the deduction was made. Where there is a series of deduction, the time limit begins with the last deduction in the series.


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[Rem20]

Thanks a lot for the reply. Yes I should be receiving additional payment for bank holiday worked, as clarified by my Company payroll. My worry is that as it's been over 4 years gone, I am worried if Regulations 2014 as you quoted only alloys me to get only up to 2 years backdated pay.

[ULA]

It does only allow you to go back for 2 years in a legal context. However that does not stop you trying to claim it all back if you can but your employer may push back to the two years.*