Overtime related holiday pay??

Brynsam

shortcrust wrote: »

There's a big difference between the terms 'must' and 'should'. 'Must' implies there is a clear 'rule' or legislation that has to be followed. That's not the case. My understanding is that it would still be up to a court to decide on individual cases, albeit with a very high chance they'd decide in favour of the employee.

I think you'll find the courts have decided - maybe read the info from ACAS? Link as above. As ACAS also says: 'This principle only applies to the 4 weeks of annual leave required by the EU Working Time Directive'.

paddedjohn

Dox wrote: »

The quote is directly from ACAS's website. Might be worth your while reading the link to learn more.

It might be worth you noting that quite often the advice given out by ACAS is as useful as an ashtray on a motorbike.

scd3scd4

We call it "average holiday pay" I don't know who where they Union pulled it out from but we LOVE IT!

ceh209

Takeaway_Addict wrote: »

Its a totally counter productive rule when the overtime is voluntary.

If there are 2 or 3 of you doing the extra 10 hours the employer will probably just employ an extra person and stop the overtime.

Hahaha this made me laugh :rotfl:
Maybe if my former employer had realised that this was the sensible thing to do, they wouldn't now be left with 3 staff out of 8 because we were all fed up of doing so much overtime (it's ok for the ones who are left, the employer's lost clients as a result...)

Brynsam

paddedjohn wrote: »

It might be worth you noting that quite often the advice given out by ACAS is as useful as an ashtray on a motorbike.

But not in this case. Covers OP's original question very well.

Kynthia

This was covered in the Bear Scotland court case over holiday pay. https://app.croneri.co.uk/feature-articles/calculating-holiday-pay-following-bear-scotland-ruling?product=3

takman

My company have been doing this for a few years now and implemented it just after it was all in the news. Also they decided to take all overtime into account no matter how infrequent and don't discard voluntary overtime as they felt this was the fairest way.

tay14

Thanks for all the replies. It now turns out that some divisions/ departments have already started been paid overtime related holiday pay and it is down to the line mangers to arrange the 2 years of back payments and sort out the new holiday rates. We have been told by are line manger he knows about this and is looking into it!!!!!