At my current company if you take a week off they calculate the average over the last 12 weeks and that’s the week’s holiday pay. All well and good.
However, if you only take one day off, they only pay pro rata hours based on the contract hours, ie 1/5 of basic hours. So if you consistently do over the contract hours and have a day off you end up losing money.
Anyone know what the law says? All I can find is in relation to the 5.6 weeks/average hours if you take a week off, but nothing specifically regarding a single day.
You should have an average daily rate for such eventualities.
This is one for your shop steward to sort out, if you don’t have a union (i suspect not because this should have been agreed long ago) don’t sod about with the oil rags trying to make a name for themselves, go straight to the engine driver and argue your case politely and pleasantly.
Whilst there try and get your overtime (if you are on hourly pay) based on a daily not a weekly basis if it isn’t already, might as well be in for a pound as a penny etc
On our pay packet it gives us our current “hourly holiday rate” so if I had a single day that’s the hourly rate I get for that days annual leave and yours should be the same I’m guessing.
cupidstunt:
At my current company if you take a week off they calculate the average over the last 12 weeks and that’s the week’s holiday pay. All well and good.
However, if you only take one day off, they only pay pro rata hours based on the contract hours, ie 1/5 of basic hours. So if you consistently do over the contract hours and have a day off you end up losing money.
Anyone know what the law says? All I can find is in relation to the 5.6 weeks/average hours if you take a week off, but nothing specifically regarding a single day.
Ta.
A single day is calculated the same way, work out the weekly average, divide by 5. Several court rulings have ended up in the position of:
When overtime is not optional then it must be included when calculating holiday pay.
Given we can’t just say “right I’ve done 8hrs, I’m parking up” then our overtime isn’t optional.
I get 20 days paid as an average of the last 12 weeks, the remaining 8 days holiday are paid as a flat rate. I think that’s the minimum required by law.
it should be a rolling figure based on the last 12 weeks, if your average over the last 12 weeks is say £135, then you should get £135 for the days holiday, got nothing to do with hours.
1968kg:
I get 20 days paid as an average of the last 12 weeks, the remaining 8 days holiday are paid as a flat rate. I think that’s the minimum required by law.
I think you are wrong on the 8 days.
Quote,
‘‘Therefore, employers should review the 12 weeks of employment immediately preceding the holiday period and work out an average amount of overtime pay to be included in any holiday pay. European law states that full time workers are entitled to 20 days’ paid holiday, but in the UK it stands at 28 days.22 Jun 2015’’
1968kg:
The 8 days are bank holidays, which are paid at a flat rate. If we work on a BH we get a bit extra on our hourly rate plus a day off on flat rate.
This is correct. Companies are only required to pay the average for the 4 weeks statutory holiday. Some pay the average for all but they are not required to so the majority dont
1968kg:
The 8 days are bank holidays, which are paid at a flat rate. If we work on a BH we get a bit extra on our hourly rate plus a day off on flat rate.
This is correct. Companies are only required to pay the average for the 4 weeks statutory holiday. Some pay the average for all but they are not required to so the majority dont
+1
Answer from the Acas website.
So for the OP, you need
A. to find out your companies pay policy, without giving them a tip off that they can avoid paying the average overtime for 8 of the 28 days.
B. Check to make sure you get at least 20 days paid at full average rate.
C. If you find they’re not paying as they should, kick up stink, the law is on your side.
1968kg:
The 8 days are bank holidays, which are paid at a flat rate. If we work on a BH we get a bit extra on our hourly rate plus a day off on flat rate.
This is correct. Companies are only required to pay the average for the 4 weeks statutory holiday. Some pay the average for all but they are not required to so the majority dont
So for the OP, you need
A. to find out your companies pay policy, without giving them a tip off that they can avoid paying the average overtime for 8 of the 28 days.
B. Check to make sure you get at least 20 days paid at full average rate.
C. If you find they’re not paying as they should, kick up stink, the law is on your side.
As a afterthought are you only getting basic pay on the odd days as they are counting them as 1 of your 8 flat days? Even if you haven’t taken the other 20 already
