Holiday pay and shift premiums

supersaverkerry

Hi

I wonder if anyone can help please; a friend of mine gets paid a shift premium as he has to work earlies one week and lates another.

He has just had some holiday and during the holiday period he has been paid basic rate, the shift premium has been deducted.

I thought that your holiday pay had to be the same rate as it would be if you were working? I know my employer pays me shift premiums in my holiday pay, but I wonder if anyone can clarify whether this is just something my place does or whether it is a legal requirement?

He asked his boss about this because he looked it up online as saw somewhere that the premium should be included in holiday pay to which is boss replied ' the government suggest premium should be paid on the holiday too but it isn't a legal requirement so we don't do it; you just get basic rate.

So if anyone know the answer to this I would be grateful for your input.

LittleVoice

Does the shift premium form a regular part of pay or is it an occasional thing?

There was a case (IIRC earlier this year) which was about pilots' pay which confirmed that regular enhancements to pay were to be included when calculating holiday pay.

supersaverkerry

Hi, thanks for your reply.

No it is not occasional; he works earlies one week, lates another week and it follows that pattern unless he is asked to swap to cover sickness or something.

clairec79

I don't think I get shift premiums in annual leave (NHS)

marlasinger

Where I work, we pay shift premium on holiday pay. The shift premium component is a daily average of the shift premium they have earned in the last 12 weeks. This is then multiplied by the number of days holiday, and paid to the employee.

I'm sure if shift premium is in their contract, then it needs to be included in their holiday calc.

anamenottaken

LittleVoice wrote: »

Does the shift premium form a regular part of pay or is it an occasional thing?

There was a case (IIRC earlier this year) which was about pilots' pay which confirmed that regular enhancements to pay were to be included when calculating holiday pay.

http://www.xperthr.co.uk/editors-choice/supreme-court-remits-holiday-pay-case-brought-by-british-airways-pilots-to-employment-tribunal/114553/

This seems to me to confirm that the shift payments should be taken into account when calculating holiday pay.