Hi. Just wanted to know when I get holiday pay what it is based on. I’m on a 39 hour contract plus overtime on a 4 on 4 off basis. We also get paid a 40 per week shift allowance. Should I be paid the 39 hours basic and no allowance for overtime based on previous 12 weeks, or get overtime averaged out. Also should I expect the shift allowance to be paid. Tia
Holiday pay has to include average pay now for the previous 12 weeks. No ifs no buts.
Any additional pay you receive in that previous 12 weeks has to be worked out and an average pay amount to be paid.
Don’t think it does , I get 20 weeks at average pay and 14 days at basic ,I queried it a while ago as in one hol week I had 3 days at average pay and 2 at basic pay
dozy:
Don’t think it does , I get 20 weeks at average pay and 14 days at basic ,I queried it a while ago as in one hol week I had 3 days at average pay and 2 at basic pay
If overtime is compulsory it must be included in calculating holiday pay.
I get more for a days holiday that I do for a days work! A bit bizarre but I’m not complaining.
Pay, holiday pay and bonuses are worked out using a secret formula known only to employers of dubious reputation. It should be fully explained on your T’s & C’s - assuming you have any! [emoji848]
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AFAIK its not law that your employer HAS to pay you average earning’s over 12 weeks for holiday pay but many are now doing it as it is seen as best practice after courts have found in favour of the Employee’s when they challenged it, as they did with Stobarts.
So rather than be faced with a big court settlement in the future employers have started paying it to avoid problems later that’s what I heard anyway but I may be wrong.
I just found myself drawn to this, as I am to all such posts from the UK and I find it strange how many of you guys show an interest in driving in the USA or Canada, obviously not a large amount but then those who do are not ready to adjust to not having any holiday pay for a couple of years and even then they would only get one week per year for about 3 years, then 2 weeks until you have worked for the same company for 20 years. One of the things I really miss about the UK is having holidays.
Do you mean you only get 1 weeks holiday for first 3 years or 1 weeks holiday pay■■?
fredthered:
Pay, holiday pay and bonuses are worked out using a secret formula known only to employers of dubious reputation. It should be fully explained on your T’s & C’s - assuming you have any! [emoji848]Sent from my iPhone using Tapatalk
Our average hourly pay rate is on every pay packet we get so it obviously fluctuates a little but at least we know what it is if we take some holiday or go sick .
AA recovery no average holiday pay
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LostSomeWhere:
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Against the law mate. Speak to your union official.
dozy:
Don’t think it does , I get 20 weeks at average pay and 14 days at basic ,I queried it a while ago as in one hol week I had 3 days at average pay and 2 at basic pay
IIRC, the anomaly arises that the minimum holiday under EU law is 20 days based on an all-in average figure.
The Blair government went further than the EU minimum and provided for another 8 days, effectively to cover bank holidays, but these holidays are (and originally, all 28 days were) based on the more miserly British law interpretation of “normal pay” - which in practice means basic pay according to the minimum guaranteed number of hours that the employer has to provide.
The uncertainty about how these two legal regimes interact, the possibility that the incoherent British regime may collapse further (having already been declared incompatible with the EU regime, hence why the 20 days are now calculated on an all-in average) if any legal pressure is put upon it, and the fiendishness of the accounting involved in trying to apply both regimes in parallel, means that most companies just opt to provide all 28 days holidays according to the more simple (and more generous) EU legal regime.
simcor:
Holiday pay has to include average pay now for the previous 12 weeks. No ifs no buts.Any additional pay you receive in that previous 12 weeks has to be worked out and an average pay amount to be paid.
This^^^^^^^^^^^^^This is how it works. You do basic hours you will get basic holiday pay, if you are caning overtime every week then the company have to take this into account and pay you a higher amount for holiday pay based on what you’ve earned.
LostSomeWhere:
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I don’t know if it could be to do with different contracts but I always have
Looking at this at my work just now. Yes O /T for previous 12 weeks has to be taken into account along with any other regular payments, on call etc. As previously mentioned it applies to 20 days as per Euro directive.
See Dudley Metropolitan Borough v Willetts case at EAT. This now makes it case law.
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RB84:
AFAIK its not law that your employer HAS to pay you average earning’s over 12 weeks for holiday pay but many are now doing it as it is seen as best practice after courts have found in favour of the Employee’s when they challenged it, as they did with Stobarts.So rather than be faced with a big court settlement in the future employers have started paying it to avoid problems later that’s what I heard anyway but I may be wrong.
Look at the Gov /uk site regarding holiday pay it states people working irregular hours holiday pay is calculated on previous 12 weeks average, any weeks missed in that 12 it goes back another 2 eg:- off work or not paid for 2 weeks in the previous 12 it is then calculated over 14 weeks.
lolipop:
RB84:
AFAIK its not law that your employer HAS to pay you average earning’s over 12 weeks for holiday pay but many are now doing it as it is seen as best practice after courts have found in favour of the Employee’s when they challenged it, as they did with Stobarts.So rather than be faced with a big court settlement in the future employers have started paying it to avoid problems later that’s what I heard anyway but I may be wrong.
Look at the Gov /uk site regarding holiday pay it states people working irregular hours holiday pay is calculated on previous 12 weeks average, any weeks missed in that 12 it goes back another 2 eg:- off work or not paid for 2 weeks in the previous 12 it is then calculated over 14 weeks.
Yeah i did have a look wasn’t 100% sure. When my work started doing it the line i got from the office was that it was just best practice but you live you learn eh!
Good thing its come about really as plenty of people do lots of regular overtime. Old job only used to pay 40hrs holiday pay but we nearly always used to do at least 50hrs plus just in the week.
Hmmmm our lot must get round it on the “fixed hours” thing 
We get £x for y hours as a fixed salary, but we get paid overtime if we work over the “fixed” hours.
Our holiday pay is and afaik always has been based on a fixed week, no overtime taken into consideration.
Conan the Librarian:
Hmmmm our lot must get round it on the “fixed hours” thingWe get £x for y hours as a fixed salary, but we get paid overtime if we work over the “fixed” hours.
Our holiday pay is and afaik always has been based on a fixed week, no overtime taken into consideration.
Same here but if you look into things as per my previous post you’ll see it is now effectively illegal.
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