If you want to make a new claim for non payment of average pay do you initiate the claim
immediately after the week of your holiday (when you see you don't have the pay
in your weekly pay) or do you wait until you don't get paid at the six month period under
the new CWU/RM farce?
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New claim - claim (limitation) date
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yellowbelly
- Posts: 3509
- Joined: 23 Jun 2015, 15:51
- Gender: Male
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Kaning It
- Posts: 95
- Joined: 03 Mar 2021, 17:41
- Gender: Male
Re: New claim - claim (limitation) date
Interesting question and the answer is probably either as you are not getting paid holiday pay when it should be paid (in your actually holiday week) but also not getting paid at the 6 month stage as is the current deal.
RM’s defence to the former will be that it’s not due to be paid then under the current arrangements. However that needs to be challenged as why shouldn’t holiday pay be paid on time instead of 6 months later.
Safe option is to issue in the holiday week, then if you miss the 3 month deadline, issue at the 6 month payment date as a back up. As there is no cost and both non payments are worthy of a claim, you can’t be penalised.
RM’s defence to the former will be that it’s not due to be paid then under the current arrangements. However that needs to be challenged as why shouldn’t holiday pay be paid on time instead of 6 months later.
Safe option is to issue in the holiday week, then if you miss the 3 month deadline, issue at the 6 month payment date as a back up. As there is no cost and both non payments are worthy of a claim, you can’t be penalised.