Holiday Pay

In Fulton v Bear Scotland, the EAT held that the employment tribunal was right to consider itself bound by the earlier EAT decision in Bear Scotland that a break of more than three months between non-payment or underpayment of wages breaks the series of deductions.

The EAT made the decision regarding the three month rule and passed the case back to the employment tribunal to consider the application of the law to the facts. The employment tribunal applied the EAT’s ruling and excluded claims where more than three months had passed between successive non or underpayments of holiday pay. It was appealed on the basis that the EAT’s ruling was not sufficiently material to the decision and that the application of the rule would lead to ‘unfair’ results.

The EAT held that the employment tribunal was right to consider itself bound by the earlier EAT decision in Bear Scotland.

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