Hi. I’ve e been working for this company for 6 months now and started to think about the holiday pay. Basically we get £2600 a month plus overtime after 48h which we all know that very few lorry drivers work less than that. Now I’ve been told that we get basic pay for holiday which I’m sure is not legal nomore. It suppose to include 12weeks average pay including overtime. Am I wrong? Thanks
Yes I do believe the 12 week average thing is now law. Yet many company’s will try and advertise it as some extra benefit that they are giving you, ermmmm no your just complying with LAW 
An average of the last 12 weeks too is also my understanding. Where I work certainly do, in fact they go one better and average out our top line including expenses. Not that we’re complaining of course.
the maoster:
An average of the last 12 weeks too is also my understanding. Where I work certainly do, in fact they go one better and average out our top line including expenses. Not that we’re complaining of course.
It is meant to be an average of the last 12 weeks worked. If you had a week off in the last 12, they should go back another paid week.
Yeah I should’ve added that mate, good point. It’s probably 'cos I’m off this week and excited to be earning more at home than I seem to at work! 
Thanks for the replies. I shall send an email to my bossman and see what’s his response going to be for not paying what he should be paying
The 12 week average applies if you have no set hours, so wouldn’t apply to the OP. However, it is a fundamental principle of EU legislation that a worker should not be paid less than normal just because he’s on holiday, so if regular overtime is the norm, it should be included in the holiday pay.
Trucker8oy:
Thanks for the replies. I shall send an email to my bossman and see what’s his response going to be for not paying what he should be paying
Get on to him mate. It’s a legal requirement now so you’re entitled to it. The PAYE agency guys at our place only get their basic 10 hours per day on holiday and I’m constantly telling them that they need to push for an average wage holiday pay.
Roymondo:
The 12 week average applies if you have no set hours, so wouldn’t apply to the OP. However, it is a fundamental principle of EU legislation that a worker should not be paid less than normal just because he’s on holiday, so if regular overtime is the norm, it should be included in the holiday pay.
Well I didn’t know the set hours bit I’ll admit. Surely though there can’t be very many driving jobs where no overtime is the norm are there?
Roymondo:
The 12 week average applies if you have no set hours, so wouldn’t apply to the OP. However, it is a fundamental principle of EU legislation that a worker should not be paid less than normal just because he’s on holiday, so if regular overtime is the norm, it should be included in the holiday pay.
If overtime is voluntary it doesn’t have to be included. If overtime isn’t voluntary it does.
Basically anything that is taxable pay, even sales commission, now has to be included when working out holiday pay following EAT and ECJ rulings in 2017.
the maoster:
Roymondo:
The 12 week average applies if you have no set hours, so wouldn’t apply to the OP. However, it is a fundamental principle of EU legislation that a worker should not be paid less than normal just because he’s on holiday, so if regular overtime is the norm, it should be included in the holiday pay.Well I didn’t know the set hours bit I’ll admit. Surely though there can’t be very many driving jobs where no overtime is the norm are there?
I’ve got one…
Contracted to (I think) 45 hours a week, but normally do around 39 hours. I think it’s pretty common in “own account” work like wot I do.
Conor:
Roymondo:
The 12 week average applies if you have no set hours, so wouldn’t apply to the OP. However, it is a fundamental principle of EU legislation that a worker should not be paid less than normal just because he’s on holiday, so if regular overtime is the norm, it should be included in the holiday pay.If overtime is voluntary it doesn’t have to be included. If overtime isn’t voluntary it does.
Basically anything that is taxable pay, even sales commission, now has to be included when working out holiday pay following EAT and ECJ rulings in 2017.
No, regular overtime (whether voluntary or compulsory) has to be included. Willets vs Dudley MBC is the stated case. Overtime doesn’t have to be worked every week, or even every other week - the test is to see if overtime is paid with “sufficient regularity” to be considered part of the employee’s normal remuneration. If it is, then it must form part of the holiday pay.
Fair play, take it while it’s there I’d say.