Holiday pay when working over contracted hours

10
Found 8th Feb
I always thought that if you are contracted say 24 hours a week and are constantly working 36 your holiday amount of pay will be based on the last 12 weeks you have worked, taking an average across all those weeks.
I'm just coming to realise that I don't think this is happening for people at the company I work for, not that it effects me directly, but is there any way they could be getting round it? I'm being told that people always get paid for a weeks holiday what they would get paid if they were doing just their contracted hours and no more.
Many thanks in advance.
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10 Comments
gatwick20188 m ago

https://www.nidirect.gov.uk/articles/holiday-entitlements


That one is about how many days you get off, not about this exact situation.
SJHan38 m ago

https://www.gov.uk/holiday-entitlement-rights/holiday-pay-the-basics


That's the one I've read and it clearly gives the answer that you should get holiday pay based on last 12 weeks, but I've been told this isn't happening. Hmmm.
MIDURIX1 h, 37 m ago

That's the one I've read and it clearly gives the answer that you should …That's the one I've read and it clearly gives the answer that you should get holiday pay based on last 12 weeks, but I've been told this isn't happening. Hmmm.


Then the company is breaching employment law.

Have you got a Union?
Contact acas. They will explain to you how to go about it. You must follow company grievance procedure before you can get intervention by acas. When you win your case you can backdate your claim for two years from when you first claim. Companies don't like this as a large company could lose a small fortune. Be aware that the company would probably make it 'difficult' for the person who starts the ball rolling.
Edited by: "mrty" 8th Feb
SJHan37 m ago

Then the company is breaching employment law.Have you got a Union?


When I was a manger for another company, the manager worked out how much the should be paid, allocated it and sent it off to head office with hours, that was quite a few years ago, but with this company (both are big companies) no two mangers have the same answer and a few I've spoken to have staff who definitely only get the contracted pay, they know this because they've seen the pay slips. I'm in a different part of the company, but it all doesn't seem right. No union, but I can easily lodge a complain and if it doesn't sorted there's a company who help you take it further.
mrty3 m ago

Contact acas. They will explain to you how to go about it. You must follow …Contact acas. They will explain to you how to go about it. You must follow company grievance procedure before you can get intervention by acas. When you win your case you can backdate your claim for two years from when you first claim. Companies don't like this as a large company could lose a small fortune. Be aware that the company would probably make it 'difficult' for the person who starts the ball rolling.


I haven't been affected by it, but it certainly seems like it is a widespread issue.
MIDURIX5 h, 12 m ago

I haven't been affected by it, but it certainly seems like it is a …I haven't been affected by it, but it certainly seems like it is a widespread issue.



It came into UK Law I think only 3-4 years ago after some landmark ruling in an EU court. But I would raise it and quote the website. In my own place before it used to be that "workers" got holiday based upon last years P60 average weekly wage, sick pay was minus all bonus (discourage sick, encourage holidays). "Admin/Management" same pay if sick or holidays. Then it was changed (from that ruling) to everyone getting the holiday pay based upon average weekly earnings. Mine now shows on my pay details as another line (probably just more because it was easier to add it as a seperate calculation) "
Holiday Pay Salary Adjustment".
this is not rare, a few years ago i worked for a company and they tried dodging holiday pay by signing people up on zero hour contracts then telling managers to report the only amount of hours worked, large company as well.
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