Average Holiday pay

Muscle750

I work regular OT and do it every week and have done for years. However when im on holiday i only get flat money, Ive been advised by my union rep that this is in correct and they should be paying me a average of the previous 12 weeks. I think that was the period they said. Ive raised this with the powers that be at work and basically told im talking complete garbage. I am not going to let this lie as its making quite a difference when im on holiday i understand that it would only apply to a complete week ie 5 days. I understand that this average pay is under Legislation am i correct ?

Undervalued

Muscle750 wrote: »

I work regular OT and do it every week and have done for years. However when im on holiday i only get flat money, Ive been advised by my union rep that this is in correct and they should be paying me a average of the previous 12 weeks. I think that was the period they said. Ive raised this with the powers that be at work and basically told im talking complete garbage. I am not going to let this lie as its making quite a difference when im on holiday i understand that it would only apply to a complete week ie 5 days. I understand that this average pay is under Legislation am i correct ?

Are you contractually obliged to do this overtime? Just being "regular" is not the same thing.

As I understand it, if you can accept or decline overtime as you please then you don't normally get extra holiday as a result. Your holiday would be based on your normal contracted hours.

If however your are obliged to do overtime when the firm requires it then holiday is accrued on an average basis.

See here....

https://www.xperthr.co.uk/faq/when-does-overtime-have-to-be-included-in-holiday-pay/156145/

CakeCrusader

Undervalued is right, it depends on how often you're doing overtime; https://www.employmentlawworldview.com/new-acas-guidance-on-uk-overtime-fluffs-holiday-pay-advice-again/ It's worth giving ACAS a call as they will be able to go through this with you and give you advice which is appropriate to your circumstances. http://www.acas.org.uk/index.aspx?articleid=3282