Hi guys this topic maybe already covered,I seem to be having issues with my employer only offering me 23 days holiday including bank holiday. I work usually 4 shifts per week, starting from 2am to 4 am in the morning. Days vary. I average 48hrs per week sometime go over WTD. Could you please clarify my holiday entitlement i leagally il thought 28 days statutory. I am new to this company and this is in the contract.
If you work 4 days a week your statutory leave entitlement is 22.4 days (which can include bank holidays).
gov.uk/calculate-your-holiday-entitlement/y
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Ok thankyou for you reply.
Yep its 28 days pro-rata. Easier to think of it as 5.6 weeks so if you normally work a 4 day week then you get 5.6 x 4 days.
FYI given you say you average 48hrs, there was a court case a few years ago where it was ruled that when overtime isn’t voluntary then it must be included when calculating holiday pay. Usually overtime doesn’t get included and holiday pay is calculated on basic hours only but I doubt there are many lorry drivers who can say that they don’t want to do any overtime that day and they’re going to park up when they hit 8hrs halfway back to the yard.
Sounds like you have a fractional contract. You work 0.8 days so your holiday entitlement is 28 x 0.8 which is about 22 and a half.
Well some week i work up to 55hrs and next week could be 48 also could be 55 again. Thay seem to be pushing me and other drivers to the max as we are salary.
We also tramp out at least one night a week. Does this change my holiday entitlement?
dennybnbn:
We also tramp out at least one night a week. Does this change my holiday entitlement?
In a word - “No”.
Thanks roymondo much appreciated 
Yeh 22.5 sounds about right. I voluntarily cut my hours down (as I was ■■■■■■ off with maxing and working Mon to Sat) to 4 days and a Sat Am run back in at overtime, so the price I paid was a holiday reduction, but happier what I’m doing now, with a 2 and a half day weekend every week…still hitting 60 hrs though. 
I know this doesn’t apply to the OP as he is salaried, the law now states that holiday pay for hourly paid workers must be based on there average pay over the last 12 weeks, where before you were just entitled to you’re basic hours whilst on holiday you should now not lose out if taking a holiday.
mike68:
I know this doesn’t apply to the OP as he is salaried, the law now states that holiday pay for hourly paid workers must be based on there average pay over the last 12 weeks, where before you were just entitled to you’re basic hours whilst on holiday you should now not lose out if taking a holiday.
Unless of course a significant amount of your “wages” comes from meal allowance, night out money etc…
Roymondo:
mike68:
I know this doesn’t apply to the OP as he is salaried, the law now states that holiday pay for hourly paid workers must be based on there average pay over the last 12 weeks, where before you were just entitled to you’re basic hours whilst on holiday you should now not lose out if taking a holiday.Unless of course a significant amount of your “wages” comes from meal allowance, night out money etc…
Nope, all bonuses and overtime must be taken into account. I don’t have the details to hand, but they’re easily googlable.
Oh to live back in the UK 
Over here you are lucky to eventually get two weeks a year. I work for one of the better companies in the USA,I have been with them almost 10 years, I had to work one year before getting one week holiday pay, after two years it went to two weeks a year where it has stayed until now, after my tenth anniversary it will go up to 3 weeks… I can’t wait, as fro the equivalent of bank holidays, we get 6 a year but are normally required to work most of them, I do get Christmas day and refuse to work boxing day, I take that without pay. I also get two sick days a year.
I remember my last job in the UK working for Concorde road shows, On my very first day I was called into the office to be told my new Scania and set up would not be ready for a week and that I could use one of my 5 weeks holiday if I wanted … I did 
aye Pat tell me its miserable for holidays over here. used to have 30days + bank holidays back in the UK (21yrs service maxed out)…but that’s what unpaid holidays are for. 
You two are lucky, the tight git I work for doesn’t pay me a penny in holiday pay!
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mike68:
I know this doesn’t apply to the OP as he is salaried, the law now states that holiday pay for hourly paid workers must be based on there average pay over the last 12 weeks, where before you were just entitled to you’re basic hours whilst on holiday you should now not lose out if taking a holiday.
Only when overtime is compulsory though.
bald bloke:
mike68:
I know this doesn’t apply to the OP as he is salaried, the law now states that holiday pay for hourly paid workers must be based on there average pay over the last 12 weeks, where before you were just entitled to you’re basic hours whilst on holiday you should now not lose out if taking a holiday.Only when overtime is compulsory though.
And how can that really be proved, as I’m interested to know.
We have runs that can’t be done within 8 hours, but also runs that can.
So I can see the employer quoting these shorter runs and trying to say that it’s your choice to do the longer ones…
Captain Caveman 76:
Roymondo:
mike68:
I know this doesn’t apply to the OP as he is salaried, the law now states that holiday pay for hourly paid workers must be based on there average pay over the last 12 weeks, where before you were just entitled to you’re basic hours whilst on holiday you should now not lose out if taking a holiday.Unless of course a significant amount of your “wages” comes from meal allowance, night out money etc…
Nope, all bonuses and overtime must be taken into account. I don’t have the details to hand, but they’re easily googlable.
Night out money and meal allowances are not bonuses or wages/overtime, they are payments for expenses incurred. Which was my point…
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bald bloke:
mike68:
I know this doesn’t apply to the OP as he is salaried, the law now states that holiday pay for hourly paid workers must be based on there average pay over the last 12 weeks, where before you were just entitled to you’re basic hours whilst on holiday you should now not lose out if taking a holiday.Only when overtime is compulsory though.
Overtime is not compulsory under UK law, you cannot be legally forced to work beyond you’re contracted hours my hours are 42.5 week I can complete them in 4 days easily and take the 5th day of if I choose to do so, one of the benefits of EU membership make the most of it while it lasts.