Evening folks. Got a new driver starting on Monday and just wondered if someone could clear up a query I have with holiday pay. Is it now law that the employer has to pay the employee an average of their last 6 weeks take home as holiday pay?
I’ve looked all over google but can’t really find anything set in stone. His contract is 8 hours per day plus overtime but I was thinking of paying holiday pay at 11 hours a day so as to be fair with the guy who’s coming to drive. I hear all the time of people who can’t afford to take their holidays because they suddenly drop from say £550 a week to £250 for a holiday.
albion:
Was at an RHA thing on Thursday and one of the topics was holiday pay. It’s an average of previous 12 weeks and yes, you gotta pay up.
I can’t find anything on gov.uk or any other google search that suggests this is law? I know a lot of firms that are still paying the standard 40 or 50 hours as holiday pay so 8 or 10 hours a day.
You should have them now but the jist of it is the average of the last twelve weeks including overtime,voluntary or not.
The Stobart overtime case is probably most applicable.
ShropsBri:
You should have them now but the jist of it is the average of the last twelve weeks including overtime,voluntary or not.
The Stobart overtime case is probably most applicable.
Yes I’ve got them and I’ve actually read both articles before. However, I don’t see anywhere that says it is law to pay an average wage for the last 6 or 12 weeks? A union fights for its members only, not the general public and other drivers who aren’t members.
So basically their case is for their members only who have obviously voted to take the action. I’m not arguing with the reference you’ve provided I just think it is a victory for their members only??
Ok,I read it as they just clarified the law but it is open to interpretation.
This from the Acas site?
Calculating holiday pay for different working patterns
No matter the working pattern, a worker should still receive holiday pay based on a ‘week’s normal remuneration’. This usually means their weekly wage but may include allowances or similar payments. Some of these payments might include the situations described earlier on this page, such as commission.
For workers with fixed working hours - If a worker’s working hours do not vary, holiday pay would be a week’s normal remuneration.
For workers with no normal working hours - If a worker has no normal working hours then their holiday pay would still be a week’s normal remuneration but the week’s pay is usually calculated by working out the average pay received over the previous 12 weeks in which they were paid.
For shift workers - If a worker works shifts then a week’s holiday pay is usually calculated by working out the average number of hours worked in the previous 12 weeks at their average hourly rate.
The page also suggests that voluntary overtime may not need calculating contradicting what I sent you before but the site may not be fully up to date.
You’d think there’d be an easily accessable answer somewhere jeez.
The page also suggests that voluntary overtime may not need calculating contradicting what I sent you before but the site may not be fully up to date.
You’d think there’d be an easily accessable answer somewhere jeez.
Thanks for the replies Bri. I want to do it right but like I say I can’t find anything concrete to suggest whether it’s law or not. I understand the need to pay the going rate but it’s a bloody expensive thing for a small haulier to pay a driver say £550 average pay for a weeks holiday and then pay another driver say £550 to cover that drivers work!
xfmatt:
it’s a bloody expensive thing for a small haulier to pay a driver say £550 average pay for a weeks holiday and then pay another driver say £550 to cover that drivers work!
Matt.
Sent from my iPhone using Tapatalk
You should feel the pain of what the lot I work for have to pay Matt!
xfmatt:
it’s a bloody expensive thing for a small haulier to pay a driver say £550 average pay for a weeks holiday and then pay another driver say £550 to cover that drivers work!
Matt.
Sent from my iPhone using Tapatalk
You should feel the pain of what the lot I work for have to pay Matt!
Hahaha I think XPO will have just a little more money than what myself as a small operator has!! I know it’s all relevant but they won’t notice it as much as what I will!
