Holiday pay entitlement ?

Sabbath84

Hey all
Was looking for some help.
I'm employed on a 40 hour a week contract. We do regular paid overtime probably amounting to 8-10 a week ( think catering with extra functions)

I've just spoken to our payroll dep who have said I will only be paid for my 40 hours when I take holiday. As the overtime isn't compulsory.

Having also looked online and spoken to ACAS I should be getting my average weeks wage from the previous 12 weeks work.
With a recent case in the EAT + info on the gov and ACAS websites I'm reading suggests this to be the case.
I understand it is a bit of a minefield surrounding voluntary compulsory overtime. Was looking for some more info/ advice on this especially if I decided to take it further.

Comms69

Your employer is correct.

Sabbath84

Any more info than that ?
Reasons why that fits In With the work time regulations 1998 ?

jobbingmusician

I don't think the law is properly decided on this yet, so your employer is sort of correct. However, I never understand employers on this. It means that unless they pay an enhanced OT rate, they are actually expecting employees to work overtime for LESS than their standard salary.

Are you paid extra for overtime?

YES - why would you expect to get holiday as well, on top of this enhanced rate? (The answer might be that it isn't enhanced *enough*, of course.)

NO - then refuse overtime, and point out to the employer that the lack of holiday pay means that they are expecting you to work at less than your contracted rate!

Sabbath84

Its overtime paid at my normal hourly rate.
Refusing overtime.e would be very interesting esp as they claim it is not compulsory. Yet without it they wouldn't beable to provide the staffing needs for the extra functions.

I think the legislation is their to support it and the recent case law has touched on it but not 100% so employers will still try to wriggle out.

sangie595

Sabbath84 wrote: »

Its overtime paid at my normal hourly rate.
Refusing overtime.e would be very interesting esp as they claim it is not compulsory. Yet without it they wouldn't beable to provide the staffing needs for the extra functions.

I think the legislation is their to support it and the recent case law has touched on it but not 100% so employers will still try to wriggle out.

That depend on whether employees are willing to let them. Are you?

paddedjohn

I'm sure the legislation surrounding holiday accrual for overtime is only for part time workers to protect them from unscrupulous employers who try to reduce their accountability.
Some workers were employed for say 18 hrs and worked regular overtime bumping their hours up to 30+ but we're only entitled to holiday based on an 18hr week.

jobbingmusician

All I can suggest is that employees point out to employers pretty forcefully that if they are being paid their normal hourly rate, and no holiday, they are being paid less than their contracted rate for overtime. I'm not suggesting that employers are contractually obliged to pay extra for OT on this basis (although I think it's an interesting legal argument someone should pursue) but I honestly don't think it's occurred to most employers!