Holiday pay kick off at work

[Ian H]

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?

 

[wv62]

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.

 

[JohnD]

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.

 

[Brigadier]

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.

 

[Ian H]

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.

 

[HERTS P&D]

Ian, what career would you go into?

Andy

 

[Ian H]

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.

 

[HERTS P&D]

Straight or homo?

Andy

 

[Notch7]

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

Is there much call for mowing giant phallic symbols into lawns, which can be seen from space.

 

[Ian H]

Straight or homo?

Andy

Every holes a goal

Is there much call for mowing giant phallic symbols into lawns, which can be seen from space.

I could see that catching on!!! It's due a trim now, any requests?

 

[HERTS P&D]

Every holes a goal

If there's grass on the pitch, then Ian can mow it!

Andy

 

[Ian H]

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

 

[SirGalahad]

You missed out being a full time mod on here.

 

[Notch7]

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

 

[SammyInnit]

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.

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.