I don't think that's correct, Sammy
https://www.telegraph.co.uk/busines...estions-answered/overtime-holiday-pay-advice/
https://www.telegraph.co.uk/busines...estions-answered/overtime-holiday-pay-advice/
Holiday pay kick off at work
- Thread starter Ian H
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SammyInnit
The wording on the .gov site doesn't suggest that I don't think but it's still not an average over 12 weeks?
I don't understand what you've just written. Apologies.
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SammyInnit
https://www.gov.uk/holiday-entitlement-rights/holiday-pay-the-basics
This doesn't suggest what the article does as being correct.
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SammyInnit
After doing some further reading I found this:
https://www.employmentlawworldview....-uk-overtime-fluffs-holiday-pay-advice-again/
I think what the ACAS base their guidelines on isn't necessarily reflected in law. Seems very gray and as I said, the .gov website doesn't suggest that overtime should be included. They also have a statutory pay calculator and it doesn't factor in any amount of overtime extra to contracted hours.
could be miles out
but thought its based on the individual
based on there average work pattern over several months
based on the actual rosterd hours off the work pattern missed whilst on holiday iff long term
i other words fairly close to an average off the individual
short term overtime or lack off have limited effect to stop companies refusing normal overtime expectations to reduce holiday pay in the same way excessive hours work just before will have little or no effect on the holiday pay over the longer term
you should look at your terms off employment as well as employment law to find your entitlement
also not sure why a perhaps 2/3% increase on the holiday pay bill will effect a companies viability
if it does although redundancy is high on the list off creditors if that small amounts puts them under your likley redundancy pay will probably be none or next to none
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They might be claiming 10 years back pay each
I don't think the zero matters, if it's 10, 20, 30 or 40 it's all the same, just a different starting point.
I've been happy with the 40 hours holiday pay for the last 15years so will see what happens.
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The answer is closer to JohnD's response, but its not straight forward and will depend on how the additional hours are paid and treated. It seems you have a basis of a claim. I wouldn't worry about back pay forcing the company under, there are many ways they can pay you back what they owe. They should settle.
"Limit on a claim for an underpayment
The Deduction from Wages (Limitation) Regulations 2014 means that a claim for backdated deductions from wages for holiday pay made on or after 1st July 2015 are subject to a two year cap. This means that the period that the claim can cover will be limited to a maximum of 2 years."
http://www.acas.org.uk/index.aspx?articleid=4109
The government has very wisely(?) protected rogue and exploitative employers by restricting workers' rights.
Hurrah for the Tories!
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Made me laugh.
What's that again? People, glass houses and stones?SammyInnit said:
Yeah, I'm having a bit of fun waiting for the transfer window to end!
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SammyInnit
Made me laugh.
Yeah, I'm having a bit of fun waiting for the transfer window to end!
So are you going to contribute anything, Knobrot?
Its more complicated for that.
You are entitled to holiday pay based on an average of the previous 12 weeks income for 20 holiday days. If your company gives you more holiday than that, it is not mandatory that they pay you the potentially increased holiday pay for the extra holiday.
The retrospective holiday pay only goes back until there is a 3 month gap in holiday pay for up to 2 years. So if you took a day a month for the last 2 years you would get extra holiday pay applied for the full two years. If you didn't take any holiday for 3 months at any point in time over that two years, the extra holiday pay would only be applied up until that point.
This is the EU meddling in something that was previously quite clear and is a major risk to a number of companies as it is a cost that was never expected by the employee or the employer. Its one thing to change the rules for the future, but making it apply retrospectively was foolish. Thankfully, our government limited it to two years. I've already heard of some small companies and even larger ones with lots of employees that do lots of overtime that have gone bust over this.
Do you mean they went bust because they had been failing to pay their workers correctly and owed a lot of money?
Would the same have happened if they had been defrauding their customers, for example selling PPI and were obliged to pay compensation?
Or if they had failed to pay minimum wage and were forced to pay the shortfall? Or committing VAT fraud?
Or if they had been fiddling the electricity meter, or evading tax for a long time?
Lots of sympathy for rogue employers, and for criminals.
It must be tough getting caught.
Would the same have happened if they had been defrauding their customers, for example selling PPI and were obliged to pay compensation?
Or if they had failed to pay minimum wage and were forced to pay the shortfall? Or committing VAT fraud?
Or if they had been fiddling the electricity meter, or evading tax for a long time?
Lots of sympathy for rogue employers, and for criminals.
It must be tough getting caught.
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