The Employment Appeal Tribunal has, again, confirmed that claims by workers for the unlawful deduction of wages for non-payment or underpayment of holiday pay must be brought within three months of the last in a “series of deductions”, with “series” undefined.

Additionally, if over three months has elapsed between deductions, the series of deductions will be considered broken.

This decision limits the scope for workers to make substantial retrospective claims for underpaid holiday. Coupled with the two-year backstop period for most unlawful deductions from wages claims brought on or after 1 July 2015, this means workers must bring their claims within three months of the date of their last holiday pay deduction or the last series of deduction in order to maximise their chances of success.