EU Directive & Overtime Payments During Annual Leave

Retrogamer

At the moment i work Sundays in my job and have done for many years. Sundays are part of my contracted days i work.

As part of my contract also, every Sunday we work we get double time.

At the moment, if we take a Sunday off on annual leave we don't receive the double time payment, it's only paid as a regular day.

Is this correct? I remember hearing about an EU ruling somewhere and i think it said I should get paid for 4 x Sundays taken off as annual leave per year at the full rate.

I tried a few searches on Google but couldn't find what i was looking for.

Darksparkle

The title of your OP mentions overtime payments but say Sunday's are part of your contracted days?

Is th double pay maybe a form of unsocial hours payments rather than overtime?

Retrogamer

Darksparkle wrote: »

The title of your OP mentions overtime payments but say Sunday's are part of your contracted days?

Is th double pay maybe a form of unsocial hours payments rather than overtime?

Ahh, yes sorry that's what i meant.

The extra money on the Sunday allowance is an additional payment for working a Sunday but Sundays are part of my normal hours & days.

ohreally

So on a Sunday you would get paid an additional 8hrs (assumes 8hr shift)?

If that's the case I would excpect your a/l payment to reflect as if you were at work.

Retrogamer

ohreally wrote: »

So on a Sunday you would get paid an additional 8hrs (assumes 8hr shift)?

If that's the case I would excpect your a/l payment to reflect as if you were at work.

Yes, that's right. If we work 8 hours on a Sunday we get paid double time hours and have done for many years, but if we take a Sunday off on annual leave then we only get paid for the 8 hours at single time.

I'm having trouble finding any legislation or cases which i can use to get my employer to sort this but no joy so far and my union isn't being very helpful.

ohreally

What does the a/l policy stipulate for payment when on leave (not what does your manager understand the payment to be)?

Retrogamer

It doesn't state anything about the pay for AL at all.

What might complicate matters is some of us TUPE'd over approx 2 years ago. Our previous employer provided the double time rate of pay for working Sundays and the new employer has been forced by the union to honour it as well and to be fair there have been no problems in that regards.

The previous employer didn't pay the double time rate for annual leave on Sundays either, but i was sure there was some sort of judgement made within the EU that set a precedent for it (something like you can claim the increased payments for 4 days annual leave per year) and that's what i'm having trouble finding.

getmore4less

The employemnt act that cover holiday pay under what is know as a "weeks pay"

As your normal work has variable rates of pay then there is a section that covers that.

have a read on the legislation for a weeks pay.
http://www.legislation.gov.uk/ukpga/1996/18/part/XIV/chapter/II

(the holiday accrual is coverd by working timer regulations but referes to the weeks pay in 1996 act)