I am sure there will be something on here about this but i cant seem to find it
I work for a small company approx 18 drivers and would like to know how i stand reference holiday pay and working overtime on the lead up to the holiday, I am told by a lot of people that i am entitled to my holiday pay and an average of my overtime pay. If this is right could you please point me in the right direction on the legal side as to where to find it in writing.
Thanks
as far as i am aware, you can work overtime before your holiday, but it wont affect your holiday pay, which is normally only the basic wage, and overtime is not included in holiday pay, but will be paid in your wages.
holiday pay should be based on an average of their actual earnings calculated over a 12-week reference period.
karl67:
holiday pay should be based on an average of their actual earnings calculated over a 12-week reference period.
Not sure that the case yet as i think its going to appeal although lots of firms are now paying average
karl67:
holiday pay should be based on an average of their actual earnings calculated over a 12-week reference period.
That’s correct. My shift pattern is Tuesday to Saturday and as I had 8 days to take before April I opted for every Saturday as holiday in February and March. Every week my holiday pay for the Saturday has increased as my average earnings do. Overtime is taken into account (at the place I work anyway).
Same at our place ours has started and were just waiting on the back pay… But cause our pay works on a few different rates and bonuses they agreed with the union that they would just take everthing into account.
bjd:
karl67:
holiday pay should be based on an average of their actual earnings calculated over a 12-week reference period.Not sure that the case yet as i think its going to appeal although lots of firms are now paying average
That is the case, 12 week average.
see below:
truckyboy:
as far as i am aware, you can work overtime before your holiday, but it wont affect your holiday pay, which is normally only the basic wage, and overtime is not included in holiday pay, but will be paid in your wages.
That old interpretation of the law has now been superseded. The calculation of holiday pay must (with some minor caveats) include all elements of your pay.
The 12-week average still applies, but to those talking about intentionally inflating their earnings prior to taking holiday, is it even worth the effort? If you were able to inflate your earnings by £100 per week above your norm, for the whole 12 weeks, that would only translate to about an extra £12 a week in holiday pay. If you took all your annual holiday allowance (5.6 weeks) immediately after these 12 weeks, you’d see another £65 gross (or about £45 net) in total.
Personally, for an extra £45, I’d rather take holidays at more flexible times, than be governed in taking them as a block of 5.6 weeks (itself following a hard slog of 12 weeks relentless overtime). And that’s even if your employer would let you volunteer for so much more overtime than the norm, and then take a block of holidays in this fashion.
We get 20 days average pay , 13 days basic , that’s what Colin explained to me , I was baffled why I was getting for a weeks holiday 2x basic , 3 x average
cj47:
I work for a small company approx 18 drivers and would like to know how i stand reference holiday pay and working overtime on the lead up to the holiday, I am told by a lot of people that i am entitled to my holiday pay and an average of my overtime pay. If this is right could you please point me in the right direction on the legal side as to where to find it in writing.
Every single person in the UK who is on PAYE is entitled to holiday pay whether they’re temporary or permanent and whether they’ve been working an hour there or a year.
With temporary employees like agency workers and employees where the hours vary quite a lot such as those on zero hours contracts, the employer can work out their holiday pay by averaging their pay over the previous 12 weeks substituting any week where there was no work with an earlier one where there was (if for example in the last 12 weeks you only worked 11 then they’d have to go back 13 weeks and include the pay from that week). If the job usually includes involuntary overtime (where you can’t say no) as truck driving does then as of July 2015 after a tribunal ruling when working out the 12 week average they have to include overtime but only 4 weeks of the 5.6 weeks entitlement are covered. If you can say no to overtime then they do not.
Its all written down in the Employment Act.
More here from ACAS. acas.org.uk/index.aspx?articleid=4109
A clearer explanation:
fpb.org/business-support/ho … commission
I guess your employer wasn’t aware of the change in the law.
dozy:
We get 20 days average pay , 13 days basic , that’s what Colin explained to me , I was baffled why I was getting for a weeks holiday 2x basic , 3 x average
Thats correct Dozy i still think its ■■■■■■■■ and all should be the average.But then again i voted no but others thought it would be great 
We got for every 8 Hour worked 1 Hour Holiday with £127.- per Day