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Secondment holiday pay

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Hi all

I've been covering for another department at work for just over two years. They've yet to offer me a full time contract. I'm getting paid at a higher rate for this work. However all annual leave is being paid at a lower hourly rate for the job I'm contracted to do despite the fact I've not worked for that rate for years now. Is this legal?

Any advice would be appreciated. Thanks 

Comments

  • lincroft1710
    lincroft1710 Posts: 18,940 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You need to check your employer's Ts & Cs. 


    It is not unknown for the substantive grade conditions to still apply when on secondment. So although you get the extra pay for hours actually worked, everything else remains the same
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • KP20
    KP20 Posts: 43 Forumite
    Fifth Anniversary 10 Posts
    Your holiday pay should be an average of your earnings for the previous 52 working weeks. For salaried employees, it doesn't seem different as you are paid the same each month anyway, but the same principle applies. IMO, you should be paid your secondment hourly rate for holidays during your secondment period. Maybe give ACAS a call to confirm.
  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    What do the terms of your secondment state? I know mine, 18 years ago now, stated my basic salary was unchanged but I would receive a secondment allowance however this allowance wouldnt be considered for calculating pension contributions, bonuses, profit shares or flexible benefits.

    Similarly I was an employee in a "agent" grade but seconded to a "technical/professional" grade but I didn't get the improved benefits afforded to those who were on the TP grading like full fat PMI or ability to opt for a company car

    Cannot remember what happened with holidays as didn't take many during the secondment before it was made a permanent thing and my salary increased. At a guess the allowance wouldnt have applied otherwise I would have been able to buy extra holidays under the Flexible Benefits at a lower rate than what I was paid. 
  • I didn't receive any official secondment arrangement just an email asking if I could cover shifts in the department a couple of years ago, 
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