A conundrum has arisen while talking to another driver today.
If holiday pay is calculated as an average of the previous 12 weeks, and you have had a couple or three weeks on the sick (SSP). Can your average hours to be paid fall below your contracted hours?
I thought holiday was paid as a day of your contracted hours. So for 40 hours per week over 5 days, you get paid 8 hours for a day off (overtime is not included)! The average way of working out out was for people who work irregular hours.
Road2ruin:
I thought holiday was paid as a day of your contracted hours. So for 40 hours per week over 5 days, you get paid 8 hours for a day off (overtime is not included)! The average way of working out out was for people who work irregular hours.
You are correct. But if you are contracted to 40 hours but work an average 48, then you are taken ill and have 3 weeks on the sick, then is the holiday pay average dropped below your contracted wage (hours) legal or not?
It shouldn’t drop. When you have a week where no work was done they have to go back to a previous one.
So say in the last 13 weeks you had 3 weeks off sick, to calculate holiday pay they have to go back 16 weeks and discard the 3.
But, that way of calculating is only supposed to be used when you have varying hours ala agency. When you’re in a fulltime job doing contracted hours it is supposed to be 5.6 weeks at your contracted hours excluding overtime unless the employer chooses to include the overtime.
I’m employed full time and my holiday pay is never an average of what I’ve done 
Smoggie89:
I’m employed full time and my holiday pay is never an average of what I’ve done
Is it better or worse? If it’s worse then you need to be having some serious words mate.
Get Unionized. 
The average holiday pay system was never a good deal for the workforce. The very MAXIMUM you can get involves you being flat out for 13 weeks solid - not likely or even possible for most people in full time work, and possibly illegal at times too.
i got for every 8 hour worked 1 hour holiday
Road2ruin:
I thought holiday was paid as a day of your contracted hours. So for 40 hours per week over 5 days, you get paid 8 hours for a day off (overtime is not included)! The average way of working out out was for people who work irregular hours.
I’m under the impression that through the WTD, your holiday pay is your basic contracted hours eg 8hr day + any regular overtime or bonuses that you accrue over a previous reference period, say 12 weeks, but it can be any workforce agreed period. Sick days/pay should not be used in the calculation, as they are not part of your contracted hours. It will always be your contracted hours (8hrs a day for instance) plus a calculation of your overtime or bonuses.
Winseer:
Get Unionized.
.
Well said
PS I’m on a fixed salary, otherwise I would know that rule inside out
Immigrant:
i got for every 8 hour worked 1 hour holiday
THIS is actually about right… 12.07% of one’s gross pay counts towards holiday. 12.5% would be exactly “1 days holiday for every 8 days worked”. If the days are all the same length & time of day - then it’s not going to be mucked about with to try and get the amount due “down”…
What’s the deal people get with agencies the most?
I get the 12.07% deal, which I’m satisfied with. It doesn’t get paid on any tax-offset reduced pay one might get though. This means that if you get sent to work 10 hours at a yard 50 miles away - I’ll only get the 1 hour holiday credit rather than 1.25 hours as the percentage might otherwise indicate.
The solution of course is to ONLY take work at far-away yards IF they are decent length shifts. NEVER a flat 8…
Winseer:
Immigrant:
i got for every 8 hour worked 1 hour holidayTHIS is actually about right… 12.07% of one’s gross pay counts towards holiday. 12.5% would be exactly “1 days holiday for every 8 days worked”. If the days are all the same length & time of day - then it’s not going to be mucked about with to try and get the amount due “down”…
What’s the deal people get with agencies the most?
I get the 12.07% deal, which I’m satisfied with. It doesn’t get paid on any tax-offset reduced pay one might get though. This means that if you get sent to work 10 hours at a yard 50 miles away - I’ll only get the 1 hour holiday credit rather than 1.25 hours as the percentage might otherwise indicate.
The solution of course is to ONLY take work at far-away yards IF they are decent length shifts. NEVER a flat 8…
That’s interesting, I get 1.67 days per month, I suppose that’s to do with day rate pay as opposed to hourly pay, could do with it going to 2 days a month
When it’s “per month” - you then don’t want to be doing 5-6-5-6 pattern.
Winseer:
Get Unionized.The average holiday pay system was never a good deal for the workforce. The very MAXIMUM you can get involves you being flat out for 13 weeks solid - not likely or even possible for most people in full time work, and possibly illegal at times too.
What a load of tosh, how can average earnings not be good for the workforce? the old system you got basic hours. So even if you don’t maximise your hours your still going to be better off, average of you last 12 weeks means exactly that. Ex shop steward car delivery , where we always had average earning since the 70’s, it beats having to work your balls off for 2 week prior to your holiday, (Bull Week) as it was know.
Is this legal minimum you’re talking about? Surely it’s whatever your contract states of its above the legal minimum. If you’re contracted 40 hours at X rate per hour. Isn’t that your holiday rate? I’m not in driving and on a salary. I’m paid almost 50 percent extra per month on extras such as hourly duty pay, per diems, Sunday working, local “night” working etc. My holiday pay is just at the rate of my basic salary. So every month you get your basic salary regardless. Months with vacation in are short months. Not sure about hourly rates rules.