Holiday Pay and Overtime – UNISON requests meeting over pay.

Barnet UNISON has now formally requested a negotiation meeting with Barnet Council to resolve the issue of staff being underpaid holiday pay on overtime.

The Basis of the Claim

Since 2014, case law (Bear Scotland v Fulton) has made clear that holiday pay must reflect normal remuneration, including regular overtime. This was confirmed again in Flowers v East of England Ambulance Trust (2019) and written into law through the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023, which came fully into effect in April 2025.

Barnet Council only started paying holiday pay that included overtime from April 2025. That means staff who regularly worked overtime before then were underpaid for years.

How Far Back Does This Go?

Although legal claims in the Employment Tribunal are time-limited, the right itself has existed since 2014. UNISON’s position is that this must be recognised in negotiations. Staff have lost out for over a decade — and justice demands a fair settlement.

Capita’s Role

From October 2013, payroll and HR services were outsourced to Capita. It was their responsibility to ensure payroll complied with the law following the Bear Scotland judgment in 2014. Barnet Council, as the employer, must put this right for staff — and if Capita failed in its duties, the Council should recoup the costs from them, not deny staff their pay.

Our Demands

• A collective compensation payment for staff who regularly worked overtime but did not receive correct holiday pay before April 2025.
• Full transparency: a list of all job roles across Barnet Council where staff have worked regular overtime.
• Future guarantees that holiday pay will always include overtime, in line with the law.

Next Steps for Staff

If you are an LBB employee and have regularly worked overtime, this affects you.

Please email contactus@barnetunison.org.uk for more information and to ensure you are included in our campaign.

Together we can make Barnet Council pay staff what they are owed.

In solidarity,

Barnet UNISON.

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