We write further to our recent letter to you to provide the following update. As advised in our Terms of Engagement we will keep you advised at regular intervals if there are any significant developments in the holiday pay cases. It may prove necessary to post general updates on our website as numbers of cases increase and to reduce costs. Please visit www.foxandpartners.co.uk for further updates from January 2015.
We can confirm that we have taken all the steps on your behalf to protect your legal position as advised in our original letter of engagement. As you are aware this is developing area of law.
Firstly, the Employment Appeals Tribunal, in the conjoined cases of Bear Scotland Ltd v Fulton and another; Hertel (UK) Ltd v Wood and others; Amec Group Ltd v Law and others, has confirmed the principle that employees’ holiday pay should be based on their average normal earnings. Secondly, the Employment Tribunal Service has taken a decision to sist (freeze) all holiday pay cases that are currently lodged against employers in the UK. This is due to an outstanding appeal case before a higher court which affects the period of back dated compensation. This may be appealed further.
This does not mean that your holiday pay case is not capable of being resolved over the next few months. As your case is now in the Tribunal system an ACAS Officer has been appointed to see if they can resolve your holiday pay case without the need to go to a Final Hearing. In addition, the mere fact that your case is in the Tribunal System and your employer is aware that you are legally represented may prompt them to take steps to resolve the holiday pay issue. Some employers are being advised that they face a risk due to the uncertain nature of the law and the length of the back pay which may be due to each claimant. We will liaise with ACAS and keep you advised of any developments.
We wish to bring to your attention that any compensation your employer may wish to pay now or has recently paid to you since we submitted your complaint is a direct consequence of all the legal work we have undertaken on your behalf. In terms of the Contingency Fee Agreement that you signed to enable Quantum Claims to instruct us you are an under an obligation to make us aware of any financial offers your employer makes directly to you. We refer you to Clause 9 of the Agreement and request that you keep us advised of any direct offers made to you. We will be able to advise you of the value of any such offer.
In our experience of Employment Tribunal litigation an employer may make a direct approach when they hope you will accept a lower value offer. We wish to represent you and continue to work with you to obtain the best possible outcome in your case. If you are contacted by your employer to discuss your holiday pay case please advise them that you have instructed a solicitor and we will progress matters on your behalf via ACAS. Please keep us advised by contacting firstname.lastname@example.org
We will update you when there are any developments in relation to the outstanding appeal or in your individual case and would ask you to visit our website for further updates.
Solicitor and Director