Holiday pay/overtime

[kingeric]

Not sure if this is covered elsewhere but what's the latest on the law where your overtime is included in your holiday pay.

Our office has far too many 24hr contract staff. Most of these staff are doing a minimum of 32 hours a week by coming in early to prep walks because there is not enough full time staff. Holiday season is coming up. It seems wrong that so many staff will be paid 24 hours while on holiday despite doing more every week.

This isn't guys filling up dockets either. It's where staff have left but nobody has been moved up permanently in 3 years now.

[Bishbashbbosh]

Not much you can do at the moment, although there have been court cases where part-timers have won back holiday pay for years that this has happened to them. Due to the amount of people winning these cases, there is a bigger investigation into it which may end in everyone being offered some sort of back pay deal. If they paid back everything, it would probably cripple the company though, so if it does happen, there will probably be some sort of 'meet halfway' deal. I would assume that everyone would then be paid A/L based on hours worked from then onwards.

Don't hold your breath though

[kingeric]

Yeah I heard that there had been cases. However I thought a ruling was brought in meaning people were now paid it.
I'm not particularly bothered about back pay to be honest but more that if you've been doing 35 hours for the past 12 months really your holiday pay should be 35 hours.

[mw7485]

RM claim have made provision for a negative ruling in this regard in their annual report. Presumably then, they have decided how much they are prepared to pay out if they have to. P36 of the annual report makes reference to this situation, conlcuding: "Based on our estimates of the potential financial impact, we believe that we have made sufficient provision for any historic liabilities that may arise." However, no individual line item in the accounts identifies the specific provision for this, so it is presumably rolled into another figure - never to be found. Shame, but not unexpected!!!