Holiday Pay FAQs - November 2023
Have I applied?
If you registered for the Holiday Pay claim your details would have been sent to the PFNI Solicitors, Edwards & Company who in turn would have sent out an ET1 (Employment Tribunal Form) for completion. Once received by the Solicitors you should have been added to the list. All those included in the group action were contacted by Edwards & Co via email on 4th October please check your spam in case their correspondence is not obvious.
If you are still unsure, please contact Edwards & Co on 028 90 321863.
Can I still be apply to be included in the Holiday Pay legal case?
If you are a PFNI Voluntary Fund subscribing member, applications remain open for the Holiday Pay Claim. You are eligible to apply through the PFNI if you can show an unlawful deduction/financial detriment in the last 3 months - You must have availed of Annual Leave or performed on call in the last 3 months to be eligible.
If you are unsure, please complete and return a request for legal assistance Application Form available from the Federation Office and your details will be forwarded to Edwards & Company Solicitors.
I am retired – can I join the action?
Retired Officers cannot make a claim unless their retirement was within 3 months of submitting an application, where financial detriment can be evidenced (taken leave or been on-call in that 3-month period). The 3-month time limit is set by Industrial Tribunal court – not PFNI or PSNI. This is relevant to all employment disputes.
The Supreme Court Ruling did not change this situation. The difficulty is that the cases are being progressed by way of industrial tribunal. The qualifying criteria for the IT must be fulfilled and that includes suffering a detriment within the previous 3 months.
I am an Inspector/Chief Inspector and above now but was a Constable/Sergeant in the years dating back to 1998 – Can I claim?
If you weren’t already registered whilst at a relevant rank you must be able to show you have suffered an unlawful deduction/financial detriment in the last three months – for Insp and above that will be performing on call and receiving payment for it.
If you can evidence this, then this will be considered a qualifying claim, and you can submit an application for inclusion in the case.
If you cannot evidence the unlawful deduction/financial detriment you are unable to lodge a claim. We acknowledge this will be disappointing for colleagues in this position, but the rules are set by the Industrial Tribunal.
What is the next step?
The matter has now been referred back to the Industrial Tribunal court for a remedy to be agreed. Realistically this will take considerable time as a remedy that suits all parties must be negotiated and agreed. The solicitors representing all parties will be involved in the negotiating. There is no indication of what the outcome will look like at this stage for individuals. Edward & Co will maintain contact with you to update you.
PFNI will continue to answer your queries and update these FAQ
