Was there something in the courts recently about employers having to pay holiday pay worked out on an average of previous weeks earnings?
I’ve just had a week off…normally do 65-67 hrs…holiday pay was 40 hrs minus 30 mins a day ‘break’…
Massive loss of earnings!
not that I can recall, they were looking at whether overtime would be included but didn’t think it had got to court or a decision as of yet.
Varies on companies I think. My last job was 8hrs pay per day. Current one seems to base it on average hours. Means my holiday was only worth £56 at the old job and currently it’s £112 woop.
the law has been changed but not implicated yet as they are awaiting the outcome of an appeal case. Something to do with the costs to the tight arse company’s.
DonutUK:
Was there something in the courts recently about employers having to pay holiday pay worked out on an average of previous weeks earnings?I’ve just had a week off…normally do 65-67 hrs…holiday pay was 40 hrs minus 30 mins a day ‘break’…
Massive loss of earnings!
How can the cheaky ■■■■■ take 30 mins break off you when you ain’t even working? 
war1974:
not that I can recall, they were looking at whether overtime would be included but didn’t think it had got to court or a decision as of yet.
I sat in a Backhouse Jones legal seminar this morning where this very point was discussed by an employment lawyer, so what she says I would take as accurate. From my notes the situation is thus:
Holiday pay must include guaranteed overtime (which has always been the case) but it now also includes non-guaranteed OT. The latter is defined as overtime which the employer is not obliged to offer, but if it does, the employee is obligated to carry out. Clearly in the case of driving a truck 55 hours per week on a 40 hour basic contract, you are obliged to carry out the extra 15 hours and hence they must pay you a factor of this in your holiday pay.
Additionally they must also pay certain bonuses in your holiday pay such as attendance allowance and whatnot. This was described as ‘if there is an expectation of an additional payment on top of your basic (such as overtime or bonus(es) then it forms part of your regular remuneration, and so it should be paid when you are on holiday.’ Night out money is not included in this.
Commission should also be paid as part of holiday pay, although it is currently being challenged in the courts.
Holiday pay is averaged out over the previous 13 weeks’ earnings. Voluntary overtime is not included in any calculations.
There is apparently one ‘dodge’ for the employer, and that is that they are legally obliged only incorporate bonus, overtime and so on payments in 20 days’ holiday pay per year. For the remaining eight (or whatever) they can pay your basic wage if they choose to. I didn’t know about this, but the highly-paid employment lawyer says it is true.
DonutUK:
Was there something in the courts recently about employers having to pay holiday pay worked out on an average of previous weeks earnings?I’ve just had a week off…normally do 65-67 hrs…holiday pay was 40 hrs minus 30 mins a day ‘break’…
Massive loss of earnings!
Play them at their own game. You have had 48hrs added due to the road transport WTD so you want 48hrs pay 
Olog Hai:
war1974:
not that I can recall, they were looking at whether overtime would be included but didn’t think it had got to court or a decision as of yet.I sat in a Backhouse Jones legal seminar this morning where this very point was discussed by an employment lawyer, so what she says I would take as accurate. From my notes the situation is thus:
Holiday pay must include guaranteed overtime (which has always been the case) but it now also includes non-guaranteed OT. The latter is defined as overtime which the employer is not obliged to offer, but if it does, the employee is obligated to carry out. Clearly in the case of driving a truck 55 hours per week on a 40 hour basic contract, you are obliged to carry out the extra 15 hours and hence they must pay you a factor of this in your holiday pay.
Additionally they must also pay certain bonuses in your holiday pay such as attendance allowance and whatnot. This was described as ‘if there is an expectation of an additional payment on top of your basic (such as overtime or bonus(es) then it forms part of your regular remuneration, and so it should be paid when you are on holiday.’ Night out money is not included in this.
Commission should also be paid as part of holiday pay, although it is currently being challenged in the courts.
Holiday pay is averaged out over the previous 13 weeks’ earnings. Voluntary overtime is not included in any calculations.
There is apparently one ‘dodge’ for the employer, and that is that they are legally obliged only incorporate bonus, overtime and so on payments in 20 days’ holiday pay per year. For the remaining eight (or whatever) they can pay your basic wage if they choose to. I didn’t know about this, but the highly-paid employment lawyer says it is true.
that sounds like what they were ‘discussing’ recently but I know I haven’t had any correspondence to advise it has been passed as law.
New legislation has come in although I think it’s currently being appealed. Our company has decided to give us extra payment ( overtime hours)averaged out over the year for the first 20 days paid holiday. This works out at just above two hours at overtime rate per day for the first twenty days.
ours pay our holiday pay on an average of our pay from the previous 3 months
The company I work for now include an average of our last 12 weeks bonus on top of our basic pay, I approached them twice when I heard the judgement had been held and they started paying it.
They wouldn’t be paying it if they didn’t have to, remember you can only claim for an underpayment if it has occurred in the last 3 months so get on to your bosses quick or you will lose it.
We are quite lucky as we are paid 11 hrs/day holiday pay which works out at £120.50/day.
As mobile workers with no set hours/ shift length, you should all be paid on the previous 12 weeks. Including all your bonuses IE dodgy Stobarts meal allowance of £15 a day, £££ fuel bonus, attendance bonus. They’ve been getting away with it for years so clobber them! They want you/ try to make you work 71/ 84 hours by just ( NIP HERE ON A FRIDAY ) so you night out on a Friday night, then mysteriously keep you out for thirteen hours on a Saturday whilst you’re supposed to be just RUNNING in. Screw them. For every last penny. Maybe one day THE 48 hours we were supposed to work will come in to fruition darlings. Stand together now please. Drivers STICK TOGETHER. LOL
Our company has started paying an average of previous 12 weeks , they did put it up to £110 per day last year but it turns out that wasn’t sufficient so adjustments have been made . I have a question on a similar subject but so far can’t get a straight answer , so if anyone can help I’d be grateful so here goes : what is the law on being paid when you are off on WTD payback time cos our company won’t pay us , but surely if they have to up our holiday pay , how can they get away with paying us nothing at all for WTD time ?
mackemflan:
Our company has started paying an average of previous 12 weeks , they did put it up to £110 per day last year but it turns out that wasn’t sufficient so adjustments have been made . I have a question on a similar subject but so far can’t get a straight answer , so if anyone can help I’d be grateful so here goes : what is the law on being paid when you are off on WTD payback time cos our company won’t pay us , but surely if they have to up our holiday pay , how can they get away with paying us nothing at all for WTD time ?
Sounds like a ■■■■ company - either chill and accept it for what it is, or leave… 
But, I think they don’t HAVE to pay you when you’re stood down on WTD reasons.
scotstrucker:
ours pay our holiday pay on an average of our pay from the previous 3 months
I thought that was the ‘rule’ regards holiday pay but doesn’t concern me as I’m salaried - same wage every month throughout the year regardless of hours.
Salaried V hourly■■? I’ve been both and prefer salary to be honest. I can budget for 12 month KNOWING that’s what I’m getting at the least. I also get bonuses and added incentives etc on the top 
Comfortable life, not much stress (usually but does altaer) 45 - 64 hrs per week rough with the smooth etc 
generally 56 hrs ish
Ask any McBurney Transport driver who’s been there past couple of yrs,
it was the Unite UNION McBurney drivers who went to the courts and won the holiday pay case to the benefit now of us all 
Big Truck:
Ask any McBurney Transport driver who’s been there past couple of yrs,
it was the Unite UNION McBurney drivers who went to the courts and won the holiday pay case to the benefit now of us all
you mean the self serving union that are only interested themselves and no self respecting driver would even think of joining have done something for the average driver ?
thts gonna jolt a few agendas on here