Additional holiday pay due or not ? I’m confused

boots1_2

Hi I have recently resigned and been paid my unused holiday pay.I have an annual salary which is based on a a two shift pattern.

In addition to my set monthly wage I am required to work compulsory overtime and voluntary overtime when required be on a rota to be on call and any call outs that are required for the length required during those times all for which I receive additional pay for.
My weekly hours are on a shift rotation but always the same amount of hours each week before I take into account the overtime call out and standby.
The overtime payments along with the additional payments increase my wages significantly by approx 1/3rd last year.
my question is I have recieved payment for my unused holiday but it it is at my basic rate (fixed weekly hours )not taking into account any of the overtime,call out and standby is this correct or should all of the other things of been taken into account within the calculations ? 

The government website states fixed hours a weekly pay for fixed hours but I suppose I could fall under the no fixed hours also as I can be expected to work with little or no notice as and when the company required. 

Can anyone help ? 

Undervalued

boots1_2 said:

Hi I have recently resigned and been paid my unused holiday pay.I have an annual salary which is based on a a two shift pattern.

In addition to my set monthly wage I am required to work compulsory overtime and voluntary overtime when required be on a rota to be on call and any call outs that are required for the length required during those times all for which I receive additional pay for.
My weekly hours are on a shift rotation but always the same amount of hours each week before I take into account the overtime call out and standby.
The overtime payments along with the additional payments increase my wages significantly by approx 1/3rd last year.
my question is I have recieved payment for my unused holiday but it it is at my basic rate (fixed weekly hours )not taking into account any of the overtime,call out and standby is this correct or should all of the other things of been taken into account within the calculations ? 

The government website states fixed hours a weekly pay for fixed hours but I suppose I could fall under the no fixed hours also as I can be expected to work with little or no notice as and when the company required. 

Can anyone help ? 

How can you "be required" to work "voluntary overtime"? I appreciate there may be real world "pressure" but either is is a contractual requirement or it is not.

Whilst compulsory overtime factors in your statutory holiday entitlement, voluntary does not. Also, keep in mind that any holiday entitlement over and above the statutory minimum (5.6 weeks per year for a full time employee which works out at 12.07% of hours you are obliged to work) can be subject to different rules.  

boots1_2

Thanks for your reply ,
Our actual hours of work states that there is a contractual obligation upon all employees to work whatever overtime is requested.They basically offer the overtime out and if there isn’t any uptake they tell you that you have to work it anyway so that’s why I assumed it would be classed as voluntary but I’m not sure if that would be classed as compulsory? 

 In relation to standby and call out it’s states that it may be necessary but will be paid in line with procedures in operation at the time.
Whilst employed, if I took and a days holiday,I would receive my holiday pay within the pay period which would be my normal hourly rate taking into account my shift allowance.Then the month following the holiday ,I would receive a supplement which included my overtime, call out and stand by payments for the holiday taken but only for the first 20 days of holiday(which I surmise is the statutory holidays)
The company are telling me that as I have left the company and the holidays weren’t taken and were instead paid in lieu in my final salary (at normal rate with no supplement) I am therefore no worse off taking holidays than I would be working so therefore the supplement is due.
My confusion is around how and why it would be different if I was taking the holiday whilst still employed and taking payment in lieu for them. I would have though the calculation should be the same either way but they say not.
The holidays that were paid were with the 20 days statutory if that makes a difference