Not paid for accrued leave during mat leave

[ToniTheDonkey]

My sister has just told me that when she was on maternity leave the first time, they didn’t pay her for the leave she accrued whilst on maternity leave.

She didn’t go back after the baby was born in 2014. She’s left it too late to take any action to claim the money now, hasn’t she?

Grasping at straws here!

I think she has 6 years to claim non-payment of wages so she needs to hurry! Best to speak to ACAS who can advise on the details.

I'm afraid the previous poster is wrong. The time limit for claiming for an unlawful deduction from wages was reduced to 2 years in 2014. So I'm afraid it is far too late for the OP's sister.

Sorry, @prh47bridge is correct.

The six years refers to the time limit for bringing breach of contract claims in the county court, which is possible for non-payment of wages.

The two years isn't a time limit, it's a backstop. The time limit for bringing non-payment/unlawful deduction claims in the employment tribunal is three months from the date of the most recent deduction. A series of deductions can only go back two years. So someone bringing a claim now could include deductions from up to two years ago, but someone couldn't bring a claim now for a deduction that took place two years ago unless it was part of a series.

The employment tribunal is therefore not an option, way too late. A civil claim is only possible for a breach of contract, not to enforce a statutory entitlement to holiday, so it is unlikely to be a route she could use.