Holiday Pay

snails's_pace

Hi guys,

Im seeking advice on Holiday pay. I work nights and the pay rate for this is £1 more an hour than day rate (for which I do not work)

However, my employer pays my holiday entitlement at day rate,not at my contracted hours of work (nights).

I have been researching employee rights and found out the following info:

"For workers paid a fixed wage or salary (fixed hours and pay)

If you are a worker whose normal working hours do not vary, a week’s pay is the pay due for the basic hours you are contracted to work. Pay for overtime hours is not included unless it is guaranteed overtime, i.e. required by the contract between you and your employer."

taken from berr.co.uk website

"There is a minimum right to paid holiday, but your employer may offer more than this. The main things you should know about holiday rights are:

• you are entitled to a minimum of 4.8 weeks (from 1 October 2007)
• the entitlement will increase again to 5.6 weeks from 1 April 2009
• those working part-time are entitled to the same level of holiday pro rata (so 4.8 then 5.6 times your usual working week)
• you start building up holiday as soon as you start work
• your employer can control when you take your holiday
• you get paid your normal pay for your holiday
• when you finish a job, you get paid for any holiday you’ve not taken
• bank and public holidays in Britain and Northern Ireland can be included in your minimum entitlement"

taken from direct.gov.uk


I want to take my grievance further,having spoken to berr who are sure that my employer is in breach of the working times regulations.

However, before I do, it may be useful to hear from others on here who have been in a similar situation and for those to offer advice would be muchly appreciated.

COOKIEWILLOW

I work nights and get the rate that I work normally at holiday time! What if you were £5 or £10 more than day shift? I have GOT to work nights because of children and it piddles me off that we are only worth a pence more but to work nights, I hardly get the 8 hours kip in the day that others get through the nights as well cos of school run, cold callers, WITNESSES. Good luck

Zazen999

Hi
When you were first paid this, what did your employer say when you asked about it? Is it in your T&Cs?

snails's_pace

Zazen999 wrote: »

Hi
When you were first paid this, what did your employer say when you asked about it? Is it in your T&Cs?

They told me it is in my handbook and that the procedure is standard across the company.
However, having spoken to berr and just now acas, they both informed me that it really doesnt matter what the handbook says because the working time regulations are there as a safety net and that my employer has broken these regulations and even as far to say that the deductions made from my wages are unlawful.

I am apprehensive about pursueing this as it is a national company (very big)...but feel strongly about it at the same time.

Paul_Herring

snails's_pace wrote: »

Hi guys,

Im seeking advice on Holiday pay. I work nights and the pay rate for this is £1 more an hour than day rate (for which I do not work)

However, my employer pays my holiday entitlement at day rate,not at my contracted hours of work (nights).

I have been researching employee rights and found out the following info:

"For workers paid a fixed wage or salary (fixed hours and pay)
[...]
you get paid your normal pay for your holiday.

I don't hold out much hope for your chances - you are not, from your description, on a fixed wage or salary; you're hourly paid, therefore what you've dug up may not apply to you.

That not withstanding, your normal pay is your day rate; you just don't happen to work during the days.

LittleVoice

Paul_Herring wrote: »

I don't hold out much hope for your chances - you are not, from your description, on a fixed wage or salary; you're hourly paid, therefore what you've dug up may not apply to you.

That not withstanding, your normal pay is your day rate; you just don't happen to work during the days.

I would have hope.

The OP is on a fixed wage (worked out on an hourly basis), has contracted hours (all of them counted as "night"). Being hourly paid is a way of working out what to pay (compared with a flat rate for turning up).

I don't believe you can justify it not counting as being fixed just because the contracted hours are looked at individually, as it were, for how much is paid.

If it is large employer, is there a particular union which deals with these matters on behalf of staff?

Zazen999

LVs right - you need to pursue through people who are versed in dealing with your particular company...

P.S. I wholeheartedly agree about Mark and Lard.