Holiday Pay and working hours

Jas82

I think I am being underpaid on my holiday pay. I get the statutory 28 days entitlement which includes bank holidays. My contract (verbal) is for a minimum 50 hours per week (7am - 5:30pm monday- friday) plus i work every other saturday which is also 10 hours. We work more hours than this but this is the minimum (last week was 67 hours over 6 days! We get paid overtime after 40 hours work but our holiday pay is for only 8 hours per day. This means if I take a week off I will loose a lot of money. Im sure i read some where that if irregular hours are worked holiday pay should be the average off the previous 17 weeks.

The company I work for only has a small workforce, I am 1 of 4 and one of them is the supervisor. The supervisor will work for as many hours as he can get as he is in a lot of debt, myself and my two other collegues are fed up off working the stupidly long hours ( we all have families that we hardly see). We feel that it is the supervisors need for more money that is meaning we all have to work longer. We all use one company vehicle to travel to sites so can only leave when he does. We have approached him on this and his reply was if we dont like it **** off!! Not what you want to hear from the supervisor who you normally feel would have your back and be on your side.

The boss is all for the long hours as the company is very busy, (work lined up for the next 2 years) but he struggles to keep staff( I wonder why??) So is there any way that we can take a more legal approach to make him see how we are working is wrong?? Working 12 plus hours a day with only a 30 minute break is getting a bit much for the work we do. I could rant over this job for hours, I do actually enjoy parts of it, but there are a lot of negatives at the moment.

Regards Jason

paddedjohn

Overtime doesn't count for holiday entitlement, nor Saturdays if you already work a 5 day week.

getmore4less

If the OP has 10 hours of compulsory overtime that would count for holidays.

BUT the op does the hours over 6 days

(one queston I have never asked or seen answered is if you work more that 5 days which days you count)

Asuming you can use the mon-fri as the 5 days.

7-5:30 with 30min unpaid break would be 10hrs day 5 days would be 50 hours

I would suggest that should be hours used for the holiday pay.

Jas82

Thanks for the replies, I have a guaranteed 50 hours each week monday to friday this is in my contract. We always do more than this and work every other saturday as overtime. My understanding was that as we work 50 hours guaranteed this is what we should be payed for as holiday pay but at the normal rate and not at overtime rate. I got the text below of the .gov website and it seems to clarify this. What would be the best way to bring this up with the boss? I need to have enough facts to back this up or he will just ignore it.

Working pattern
Pay Fixed hours and fixed pay: A week’s holiday pay equals how much a worker gets for a week’s work (excluding non-guaranteed overtime payments in most cases)

Shift work with fixed hours: A week’s holiday pay equals the average number of weekly fixed hours a worker worked in the previous 12 weeks at their average hourly rate

No fixed hours: A week’s holiday pay is the average pay a worker got over the previous 12 weeks (in which they were paid)

paddedjohn

How long have you worked there for? if your employer paid you the extra hols then they could either drop the overtime or just pay you single time, if you havnt been there for long enought then they can get rid of you easilly.

Print off your link above and show it to them, they may just decide to give you what you are entitled to, in your first post you say you have a verbal contract and in your last post it reads like you have an actual contract, which is it?