Holiday pay now should include overtime and bonuses etc, I think you can claim for quite a few years back too!
Get stuck in
I worked for a company years ago and the paid an average of the previous 10 weeks. We used to work like dogs for ten weeks [SMILING FACE WITH OPEN MOUTH AND TIGHTLY-CLOSED EYES]
no indication as to how far back you can claim?
samsgrandad:
no indication as to how far back you can claim?
six years 
Has this now been ratified by the courts? I was under the impression that it is still being debated and there has not been a ruling yet?
I could of course be wrong.
Can see more coming off paye and going self employed
With more and more costs added to employers
Can see self employed route being used even more
fredthered:
Has this now been ratified by the courts? I was under the impression that it is still being debated and there has not been a ruling yet?I could of course be wrong.
No your right neal v freigthliner was heard last month at the appeals tribunal no decision yet.
This sheds at bit more light on the subject
lawatwork.co.uk/news/winter- … heir-heads
The European Court of Justice in May gave British workers the right to claim for holiday pay and overtime they are owed running back to 1998 under the Working Time Directive.
Full article here:
what about bonus?? ie on containers you get basic and then bonus over a certain amount is that included■■?
In May this year lock v british gas went to the ECJ. Locks case was that when he went on holiday he lost his commision
thomaseggar.com/news-and-eve … rading-ltd
In July, Bear Scotland Ltd v Fulton and another, Hertel (UK) Ltd v Wood and others; Amec Group Ltd v Law and others was heard at the EAT, which is about holiday pay and overtime. Neal v freightliner was settled ( so hopefully neal won)
Both cases are about holiday pay, but the difference is locks was about Commision and the others is about overtime, 2 different issues. The overtime issue is as expected will be taken to the ECJ, as it has major implications for all employers.
employment.law-ondemand.com/the- … continues/
And the most upto date I could find is
personneltoday.com/hr/paid-a … liday-pay/. Sorry about all the copy and paste, hopefully the employees win and gets what’s due to them
jimmypk:
what about bonus?? ie on containers you get basic and then bonus over a certain amount is that included■■?
Yes it certainly looks like it (bearing in mind I’m no lawyer)
In May Gurney Ltd v Adshead & others, the EAT upheld a tribunal’s finding that workers whose pay included a fixed attendance bonus (which was payable if the worker worked his full contracted hours in a given week) plus a productivity bonus (which was paid if the worker’s team exceeded its targets) were workers whose pay varied with the amount of work done, for the purposes of section 221 of ERA 1996. Therefore, holiday pay under regulation 14 of the Working Time Regulations should be calculated as an average of the previous 12 weeks’ pay, including the attendance and productivity bonuses.
PLC Employment
so would this effect getting night out money as well? I.E. basic wage is £400 plus £100 a week nightout money so total earnings £500 per week, would employers now have to take that into account when paying holiday pay. I know its not taxed but if like me you are paid salary we only get our basic weekly pay when on holiday 