Average Holiday pay back date

[tickymicky]

Average Holiday Pay and back pay
I am on the understanding that Average holiday pay back pay can now be claimed for 2 years back.This ruling by the British Government, was made in January 2015, but I am on the understanding that it doesn't become law until the end of June 2015?.
How does an employee get the back pay?.is it going to be made legal that an employer automatically has to pay it. or will the employee have to make a claim through the Employment Tribunal, or a county court claim?
I am also aware of a ruling from the european Court of Justice on holiday pay back pay.This will be given in May 2015. The ECJ could make it law that up to 6 years back pay can be claimed to 2009 when the AHP came in as part of the Working time Directive.Would the ECJ decision make the British governments ruling defunct, and the new ECJ ruling the precedence?
Is it best for employees to wait until the ECJ make their decision as this may pave the way for back pay up to 6 years instead of the governments current 2 years?.

[sean5302]

Re: Average Holiday pay back date

Hello again tickymicky.
No, you're incorrect.
There is no new law and the issue you're referring to was just the decision of an employment tribunal.
It's likely that most employers will adhere to the practice but there is no Law, Bill or Act.
This gives a good assessment:
http://www.rha.uk.net/docs/Changes%2...iday%20Pay.pdf

[tickymicky]

Re: Average Holiday pay back date

Sean5032, Many thanks for your reply.I recall sometime back last year when the Employment Tribunal made a decision that employees can claim back pay on holiday paid but only 3 months back.Presumably, that is where code of practice?...........However,my regional union rep., has stated that there is a law being passed in June 2015 whereby an employer has to pay back 2 years average holiday back pay.I assume this is going to be 1 of the 2 cases that went to the European Courts of Justice and to which there is a decision in May 2015???