How did it come about getting average holiday paid??
codge123:
How did it come about getting average holiday paid??
There was a case brought in which the method of calculating a “normal week’s pay” (defined in the Employment Rights Act 1996) was declared incompatible with EU law (is it the Working Time Directive which provides for paid holiday? I don’t have the time to check atm but I assume it is).
The judges therefore reinterpreted the domestic legislation (Working Time Regulations 1998?) which implemented the Directive, to bring it into line with the requirements of the Directive - so that a “normal week’s pay” in relation to paid holiday, means something different from how the ERA 1996 defines a “normal week’s pay”, and is now closer to what an ordinary person would understand by the word “normal” rather than the twisted sense in which it is used in the ERA 1996.
Rjan:
codge123:
How did it come about getting average holiday paid??There was a case brought in which the method of calculating a “normal week’s pay” (defined in the Employment Rights Act 1996) was declared incompatible with EU law (is it the Working Time Directive which provides for paid holiday? I don’t have the time to check atm but I assume it is).
The judges therefore reinterpreted the domestic legislation (Working Time Regulations 1998?) which implemented the Directive, to bring it into line with the requirements of the Directive - so that a “normal week’s pay” in relation to paid holiday, means something different from how the ERA 1996 defines a “normal week’s pay”, and is now closer to what an ordinary person would understand by the word “normal” rather than the twisted sense in which it is used in the ERA 1996.
who instigated the claim, some joe on the street or the unions
Think it started with pilots then there was a case against Bear Scotland and then the Willets case. Fairly sure union backed in each case.
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Munchkin:
Think it started with pilots then there was a case against Bear Scotland and then the Willets case. Fairly sure union backed in each case.Sent from my Redmi 4 using Tapatalk
and a lot of drivers complain on here about how crap the unions are but the general workforce is better off through this case
Munchkin:
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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All well and good, but what do I do now? 
gov.uk/holiday-entitlement-rights
Start by looking at the Gov link then Google Dudley v Willetts. Bit more research will give you plenty info. Tell your employer you’d like to claim for underpaid hols and any backdates up to 2 years.
Put it in writing or e-mail quoting cases and links. Make sure you keep a copy.
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Munchkin:
Holiday entitlement: Entitlement - GOV.UKStart by looking at the Gov link then Google Dudley v Willetts. Bit more research will give you plenty info. Tell your employer you’d like to claim for underpaid hols and any backdates up to 2 years.
Put it in writing or e-mail quoting cases and links. Make sure you keep a copy.Sent from my Redmi 4 using Tapatalk
Once you have done this ^, your next step is to trawl Indeed for jobs local to you 
Munchkin:
Holiday entitlement: Entitlement - GOV.UKStart by looking at the Gov link then Google Dudley v Willetts. Bit more research will give you plenty info. Tell your employer you’d like to claim for underpaid hols and any backdates up to 2 years.
Put it in writing or e-mail quoting cases and links. Make sure you keep a copy.Sent from my Redmi 4 using Tapatalk
Thanks, I’ll have a looksee
eagerbeaver:
Munchkin:
Holiday entitlement: Entitlement - GOV.UKStart by looking at the Gov link then Google Dudley v Willetts. Bit more research will give you plenty info. Tell your employer you’d like to claim for underpaid hols and any backdates up to 2 years.
Put it in writing or e-mail quoting cases and links. Make sure you keep a copy.Sent from my Redmi 4 using Tapatalk
Once you have done this ^, your next step is to trawl Indeed for jobs local to you [emoji38]
Sacked for trying to apply the law, tribunal time.
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Munchkin:
eagerbeaver:
Munchkin:
Holiday entitlement: Entitlement - GOV.UKStart by looking at the Gov link then Google Dudley v Willetts. Bit more research will give you plenty info. Tell your employer you’d like to claim for underpaid hols and any backdates up to 2 years.
Put it in writing or e-mail quoting cases and links. Make sure you keep a copy.Sent from my Redmi 4 using Tapatalk
Once you have done this ^, your next step is to trawl Indeed for jobs local to you [emoji38]
Sacked for trying to apply the law, tribunal time.
Sent from my Redmi 4 using Tapatalk
Providing you have worked there for 2 years mate.
Otherwise, it’s ’ cheerio ’ time
eagerbeaver:
Munchkin:
eagerbeaver:
Munchkin:
Holiday entitlement: Entitlement - GOV.UKStart by looking at the Gov link then Google Dudley v Willetts. Bit more research will give you plenty info. Tell your employer you’d like to claim for underpaid hols and any backdates up to 2 years.
Put it in writing or e-mail quoting cases and links. Make sure you keep a copy.Sent from my Redmi 4 using Tapatalk
Once you have done this ^, your next step is to trawl Indeed for jobs local to you [emoji38]
Sacked for trying to apply the law, tribunal time.
Sent from my Redmi 4 using Tapatalk
Providing you have worked there for 2 years mate.
Otherwise, it’s ’ cheerio ’ time
No, from day 1, and even agency drivers have the protection - i.e. if a hirer victimises an agency driver on any matter of “public interest” (and that can include the interest of the workforce in question in receiving their employment rights), they can go to tribunal directly against the hirer.
The penalties can be swingeing.
And if you think about it, it is right that they should be. The law is in place for a reason, and responsible employers should not be undercut by fly-by-nights who use intimidation to break the law.