MSE News: Overtime should count towards holiday pay, rules tribunal

getmore4less

_Mal wrote: »

I want to ask would this apply to any extra shift money that is earned? I get an extra 20% for working shifts but only basic for the same hours if i take holiday.

Check the definition of a weeks pay in the employment act that determines holiday pay.

Holiday accrual is working time regs.

anamenottaken

getmore4less wrote: »

They just need to enforce mutual agreement once agreed they are contractual you need to turn up and you get paid even if the employer has no work.

Same with holiday once approved they become contractual and need mutual agreement to change.

Thought holiday cancellation by an employer needed notice from them rather than mutual agreement. Please would you provide source (legislation or case) for mutuality requirement.

Takeaway_Addict

anamenottaken wrote: »

Thought holiday cancellation by an employer needed notice from them rather than mutual agreement. Please would you provide source (legislation or case) for mutuality requirement.

Getmore4less didn't say this was the case currently, he was saying this should be the case

anamenottaken

Takeaway_Addict wrote: »

Getmore4less didn't say this was the case currently, he was saying this should be the case

I've re-read GM4L's post to which I replied and still see it as a statement of fact rather than part of a wish list.

Takeaway_Addict

anamenottaken wrote: »

I've re-read GM4L's post to which I replied and still see it as a statement of fact rather than part of a wish list.

I guess we interpreted it differently

DCodd

SnowMan wrote: »

You will be out of time to take the matter to an employment tribunal because it is more than 3 months since the last breach. Whether you would be able to take the matter through the county court as a claim for unpaid wages is another matter.

The dust has yet to settle after the judgement, so it is hard to say how easy claims will be to pursue.

I was wondering about the 3 month rule. I've read the handed down judgement and the summary suggests that claims could go back years if the employee has taken at least one holiday within each 3 month period? Have I misunderstood that?

I have also assumed, possibly incorrectly that the overtime taken into consideration would be the hours worked and not the pay rate as the term "normal hours" was regularly referred to. However, this ruling relies on previous case law where payment sums i.e. renumeration were the main point of reference?

gycraig_2

Iv always worked a 40-50 hour week. Never been paid more than 16 hours for holidays, the bookies I worked in we had 3 members of staff. A 40 hour a 16 and a 16 so 72 hours in total. And the shop hours to fill was 140. So the company saved an absolute fortune on holidays and wouldn't give out a 40 hour contract for love nor money.

Another job in sales had 260 hours soh , only the manager and assistant manager on a full time contract the rest 16-30 hours contracts all working 45 hour a week.

It's disgusting and should of been remedied years ago, if you need 200 staff hours a week that's what you should be paying for holidays etc. It's just wrong and the company's have been rubbing there hands together exploiting the lack of work available and the fact most people only offer part time contacts but you will never work that.

getmore4less

Takeaway_Addict wrote: »

Getmore4less didn't say this was the case currently, he was saying this should be the case

In the context of the reply I think this is the obvious interpretation.

roygoodbeat

I have been reading about the holiday pat ruling. I spoke to our Manager the other day. As I work in the care industry, she said they are except from paying the average earnings, only the basic pay.

As many people know care workers work long hard hours and are low paid. In order to bring the salary up to a liveable wage, many of us have to do overtime. Some agencies pay the average earnings, but if you are employed direct like myself, we just get paid on the basic salary.

My basic is £16,200, but with overtime and shift allowances it is around £24,000 but I have to do 54/ 60 hours a week to achieve this.

Are carers in the health sector exempt from the ruling or do we have a claim?

Russe11

roygoodbeat wrote: »

I have been reading about the holiday pat ruling. I spoke to our Manager the other day. As I work in the care industry, she said they are except from paying the average earnings, only the basic...

The only part of the working time directive you can opt out from is the 48 hour rule, thats optional on your part. The rest still apllies and you manager is giving you the wrong information.