Holiday pay kick off at work

Ian H

Ian H

Joined
14 Sep 2010
Messages
7,034
Reaction score
874
Location
Rochdale
Country
United Kingdom
I've just got back off holiday and while I've been gone a few of the lads have filed a grievance against the company for not giving the right holiday pay.

We are contracted to a standard 40 hour week and when we have a weeks holiday we get paid 40 hours.

This link: https://www.gov.uk/holiday-entitlement-rights/holiday-pay-the-basics

Looks to say we should be paid an average of our previous 12 weeks hours, we usually do about 52 hours including travelling time from home.

Are they right or wrong?
 
Sponsored Links
You say you are contracted to a 40 hour week. I assume that means you are full time with the company. Looking at the link you gave you should get 40 hours pay. The 'previous 12 weeks' bit looks like it only applies to casual workers with no fixed hours.
 
trust an authoritative source

http://www.acas.org.uk/index.aspx?articleid=4109

See particularly Key Points:

  • Workers should usually receive the same pay while they are on annual leave as they normally receive while they are at work.
  • All types of overtime, including voluntary, must be included when calculating a worker's statutory holiday pay entitlement, apart from overtime that is only worked on a genuinely occasional and infrequent basis.
"Fixed hours and fixed pay" would apply if you were contracted to work 40 hours; did work 40 hours, and were paid for 40 hours.
You say you customarily work more than 40 hours, and are paid for more than 40 hours.
 
Last edited:
IIRC, this was in the news last year (regarding people on minimum wage, I think).

Basic idea was someone on minimum wage was having to work overtime as a matter of course, just to be able to make ends meet.
By only being paid their "basic" as holiday pay, they effectively could not afford to take a holiday at all.
Some of the poor sods interviewed had not had a holiday in ten years........

In short then, if your "normal" working week is c. 52 hrs per week, you should receive c. 52 hrs' pay for a week's holiday.
 
Sponsored Links
As an example, last month was a 5 weeker and I got paid 248 standard hours and 22.5 at time & half. That's a typical payday averaging 54 hours a week.

Some are saying if the guys are successful in their claim that the company may go under, I'm not sure that's true but the redundancy money and forced career change wouldn't be too bad for me personally.
 
I thought:

-Virgin Media cable laying, nice 100mm deep digs through gardens.

-Digging/moling replacement gas supply's.

-Working with rivers and reservoirs.

-Porn star.

-Full time Bear Grylls look-a-like.

Something outdoors and physical, just a bit less physical than my job as I approach 40.
 

That's something else I could do. Mobile Bikini Line trimmer!!
 
I didnt know thst.

Luckily my employees rarely do any overtime.

I have one guy that is always taking sick leave.....praps I could take his average last 12 weeks
 
Ian H said:
Looks to say we should be paid an average of our previous 12 weeks hours, we usually do about 52 hours including travelling time from home.
Click to expand...

Only if your hours aren't fixed. If you are contracted to 40 hours and you do 12 hours a week over time it will still be calculated on the 40 hours only.

If you are say zero hours, work 60 hours one week, 10 the next, 40 the next etc. it's averaged over 12 weeks.
 
You must log in or register to reply here.
Sponsored Links

Similar threads

Mottie
  • Locked
Holiday insurance question...
Replies
11
Views
1K
Mottie
Mottie
T
Bank holiday call out.
2
Replies
28
Views
7K
roughcaster
R
D
holiday pay
Replies
10
Views
2K
Zampa
Zampa
F
Pay Rise
Replies
0
Views
404
fattony
F
DaleRCL
Wages
2 3
Replies
36
Views
3K
McCombi
McCombi
Back
Top