Berty:
xfmatt:
Berty:
What part of the country u from Matt…Sent from my SM-G930F using Tapatalk
Lol why do I think I’m going to be called tight because I’m a Yorkshireman??
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Suspicion confirmed… although you already admitted it before I could say haha.
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[emoji23][emoji23][emoji23][emoji23]
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Good on ya though… I’ve been in plenty of jobs where you only get ur 40 hour basic when you have holiday and when your used to picking up a wage based on a 50 hour week it makes you reluctant to take your holiday…
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xfmatt:
Berty:
What part of the country u from Matt…Sent from my SM-G930F using Tapatalk
Lol why do I think I’m going to be called tight because I’m a Yorkshireman??
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Nowt wrong wi’ Yorkshire men or women for that matter (even those that emigrated to the other side of the Pennines).
It put 20k+ on our wage bill. Whilst I get it’s difficult if you are used to overtime, it’s another cost that needs to be factored in and added to the reluctant-to-pay customers Bill.
The RHA gave out a memory stick of the points covered , I’ll have a look tomorrow.
albion:
xfmatt:
Berty:
What part of the country u from Matt…Sent from my SM-G930F using Tapatalk
Lol why do I think I’m going to be called tight because I’m a Yorkshireman??
Sent from my iPhone using Tapatalk
Nowt wrong wi’ Yorkshire men or women for that matter (even those that emigrated to the other side of the Pennines).
It put 20k+ on our wage bill. Whilst I get it’s difficult if you are used to overtime, it’s another cost that needs to be factored in and added to the reluctant-to-pay customers Bill.
The RHA gave out a memory stick of the points covered , I’ll have a look tomorrow.
Much appreciated, thanks.
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Sorry matt, looked this morning on the memory stick, but the details weren’t on there. However this is lifted from the Backhouse Jones website ( Resources, Employment Law, August 2016 download backhousejones.co.uk/resources/publications/ )
We can now report that there have been two first instance decisions from the Employment Tribunal of England and Wales in the cases of White & Others v Dudley Metropolitan Borough Council and Brettle & Others v Dudley Metropolitan Borough Council. In White & Others, the case involved tradesmen who worked on Dudley’s social housing. They were given the option of working Saturdays on a purely voluntary basis. They also elected, again on a purely voluntary basis, to go on standby every 4 weeks to deal with emergency call out and repairs.
They were receiving additional payments of £725 per month for the overtime and standby rota’s. The Tribunal held that the on-call rota and voluntary overtime had been in place for such a period, and with such regularity, that it had become part of their normal work and normal pay. The Tribunal held therefore that these payments should be included in the calculation of the first 20 days of annual leave under Regulation 13 of the Working Time Regulations.
In Brettle & Others, the case involved workers carrying out overtime as an extension to their normal working week, it was carried out on a regular basis, but not necessarily every week.
The Tribunal in that case held that regular voluntary overtime can be considered ‘normal’ pay for the purposes of calculating holiday pay for the first 20 days of annual leave under Regulation 13 of the Working Time Regulations. The focus is therefore on the regularity that such payments for voluntary overtime, standby payments, and call out allowances are made. There is still no determination of what is considered ‘regular’ and this is likely to be tested at some stage.
However, in the meantime we would suggest that if a worker is carrying out voluntary overtime on more than 7 occasions in the 12 week reference period, it is very likely that it may be deemed to be regular, if challenged, and therefore you should give serious consideration to including those payments in your calculations of holiday pay.
Although only tribunal decisions, and so non-binding, it is yet further indication of what will constitute “normal remuneration” for the purposes of holiday pay.
It is not yet known if Dudley Council will appeal. If they do, this will at least set a precedent and provide a binding authority of how these payments should be considered.
Couple of other links
backhousejones.co.uk/overtim … liday-pay/
backhousejones.co.uk/latest- … ommission/
backhousejones.co.uk/eat-rul … liday-pay/
Whilst it still seems to be not 100% law, we have been advised from late 2015 that in effect, it was wise to start paying holiday pay as an average of the previous 12 weeks and we implemented it not long after. IIRC, it mitigates any potential claims going back.
Shame my holiday pay don’t include the £80 a week bonuses I get for being a good boy and not crashing and for driving a wag and drag.
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Jax, if you look at the last two links, you might determine that you should. By the sound of it, I think you should, but there is a certain amount of fudge in certain areas.
Woodside Haulage/distribution drivers won a holiday pay case@ Industrial Tribuial couple of months ago.
ALL bonus type payments to drivers deducted when on holidays are to be paid back past 2yrs and a £750yr “sweetener” past 2yrs for company losing case.
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albion:
Jax, if you look at the last two links, you might determine that you should. By the sound of it, I think you should, but there is a certain amount of fudge in certain areas.
It’s not worth me bothering them. They make it up as they go along tbh and I’d have a hard fight trying to get them to pay it add to the fact I’ve not been there long and I’m leaving next year as I’ve got another job to go to.
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I had this yesterday when I got my payslip had “holiday adjustment” payment meaning I got backdated pay worked out over the 12 week reference period nice one I thought as it was going to be a bog standard pay otherwise 
Questioned it in the office and they said much like Albions posts that its not law yet (I actually thought it was) but due to the employment tribunals rulings the company are paying it now to avoid future issues.
I know from threads on here about Stobarts and surely many more companies out there that do it my former employer was good for that normally worked 50 hour weeks plus plenty of Saturdays but had compulsory hours put down to 40 over winter time, Landscaping/grounds maintenance company, and only had to do every other Saturday but we normally did plenty of hours yet take a week off and you only got the basic 40 anytime of year 
I wonder if they’ve changed their pay scheme lol.
Sorry for my little rant! I’d say the OP Probably does not have to pay it yet but could be a good idea to save hassles later on IMO