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Do you get paid holiday pay when working overtime?

Posted 4th Jun 2021
I’m on a 32 week a year, permanent contract, where I earn an hourly rate plus approx 12% on top as ‘holiday pay’. For the last 32 weeks, I have been working an extra day, (permanently agreed for those 32 weeks by my manager) and have been told to claim this as overtime at normal rate. They wouldn’t increase my contract, which is why I claim it as overtime.
Am I entitled to the extra 12% holiday rate on the overtime that I’ve worked?
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  1. _Whatever_'s avatar
    _Whatever_
    Ask your employer
  2. deleted75953's avatar
    Anonymous User
    Check your contract my daughter gets holiday uplift for overtime.
  3. hartlyhare's avatar
    hartlyhare Author
    To be honest, I’m not planning on doing the extra once my contract finishes. I may as well work the extra in my 2nd job and get the holiday pay.
  4. JJ900's avatar
    JJ900
    I do regular overtime and I also get it paid in my holiday pay. I get paid weekly and found it works better if i have the complete week off which will give me the same pay as if I've worked the overtime.
  5. winzzz's avatar
    winzzz
    I’d say no, but only your employer can confirm
  6. hartlyhare's avatar
    hartlyhare Author
    I have asked and they say no, but I have a 2nd job on zero hour contract and earn holiday pay on every hour I earn?
  7. abigsmurf's avatar
    abigsmurf
    If it's consistent and formally agreed to, it's basically no longer overtime and they should be taking that into account for holiday and redundancy pay.

    Just be warned that pushing too hard could result in them paying the 12%, then stopping your overtime completely out of spite or penny pinching.
  8. chrb's avatar
    chrb
    Seems unfair that you don’t get it!
  9. Dyslexic_Dog's avatar
    Dyslexic_Dog
    I thought that by law, your holiday pay should be paid at your average hourly rate during the past 52 weeks taking account of all overtime worked.
  10. Broxy's avatar
    Broxy
    I get paid holiday on 13 week average because everyone always does overtime.
  11. Bargainhead's avatar
    Bargainhead
    Overtime, commission and bonus

    If you regularly get paid overtime, commission or bonuses, your employer must include these payments in at least 4 weeks of your paid holiday.

    Some employers might include overtime, commission and bonus payments in your full 5.6 weeks' paid holiday (statutory annual leave), but they do not have to. This is because the law on overtime, commission and bonus payments being included in holiday pay is based on the EU Working Time Directive, which is 4 weeks' holiday only.

    off the acas website, google will give you better results, allso you could goto cab and speak to them..
  12. DangerousBeans's avatar
    DangerousBeans
    I get overtime rate plus a 'holiday top up' payment of 8.3% of the amount of overtime paid.
  13. PonJaul76's avatar
    PonJaul76
    If you regularly get paid overtime, commission or bonuses, your employer must include these payments in at least 4 weeks of your paid holiday.

    Some employers might include overtime, commission and bonus payments in your full 5.6 weeks' paid holiday (statutory annual leave), but they do not have to. This is because the law on overtime, commission and bonus payments being included in holiday pay is based on the EU Working Time Directive, which is 4 weeks' holiday only.

    I'd say it's down to the employer having read the above online
  14. DangerousBeans's avatar
    DangerousBeans
    DangerousBeans05/06/2021 17:56

    I get overtime rate plus a 'holiday top up' payment of 8.3% of the amount …I get overtime rate plus a 'holiday top up' payment of 8.3% of the amount of overtime paid.


    This is in addition to my set number of days holiday given each year.
    So my contracted holiday stays the same (days off) but I get paid money (8.3% of overtime amount) to cover what I would have got as holiday based on the overtime hours worked.
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