New European Ruling on Holiday Pay

[TrueBlueTerrier]

if your on about delivery supplement, the missing amount is included in your overtime already.as your rate of pay is higher to make up the missing supplement

I don't think that applies until you reach 39 hours.

Other way round

After 39 hours the pay rate is the same for everyone. For Part-timers up to 39 hours you get SSPR which is an enhanced OT rate to take into account the Delivery Supplement.

[TrueBlueTerrier]

Off-site page offering advice - link found by kennybones

Holiday Pay Claims Explained

http://www.thompsons-scotland.co.uk/Hol ... laims.aspx" onclick="window.open(this.href);return false;

http://bcove.me/l5fuy7wt" onclick="window.open(this.href);return false; <---- Video Link

If you are paid less than your normal pay when you take a holiday then you might have a claim against your employer worth thousands of pounds.

You will have a claim if you normally receive additional payments on top of your basic salary. These might include payments for:
Commission;
Regular Bonus;
Overtime (whether contractual or not);
Shift allowance;
Nightshift payments
On-call allowance;
Unsociable hours payments; or
Any other payment linked to carrying out your job.

If your employer stops making these payments during periods of annual leave then you will have a claim. Due to a recent change in the law, it is unlawful for your employer to pay you basic pay when you are on holiday. If your employer has not been paying you in the correct way, you can ask the Employment Tribunal to order your employer to pay you the difference between what you have been paid and what you should have been paid. You may be entitled to claim for any underpayments going back to 1998.

It doesn’t matter what job you do. You might be working in a call centre and receiving commission for any sales you make. You might be working in a care home and receiving an allowance for when you work at night or at weekends. It doesn’t matter who your employer is- do not assume that because you work for a big employer with an HR department that they have been paying you in the right way- the chances are, they have not.

There are very strict time limits which apply to your claim so it is important to act now. Once your employer is aware that you or your colleagues are thinking about making a claim, they may take steps to try and stop you claiming back all the money you have lost. This is why you should call us immediately for a free assessment.

Thompsons are the leading Employment Law firm for employees in Scotland. We only ever work for employees and not employers. We will offer you the most competitive no win, no fee arrangement so you won’t have to pay a penny. We’ll take your details and send you a full, no obligation information pack. Call us now before it’s too late.

CALL THE THOMPSONS HOLIDAY PAY HOTLINE NOW ON 0800 081 0051.

Please note: it is unlikely that you will have a claim if the only additional payment you receive is for expenses.

[She Raa]

That could be up to £10,000 for me. Yes please

[lala]

Is it clear as to whether this applies to overtime done on an ad-hoc basis from time to time or whether its only for the same amount of overtime done regularly?

[TrueBlueTerrier]

Is it clear as to whether this applies to overtime done on an ad-hoc basis from time to time or whether its only for the same amount of overtime done regularly?

Not yet, but I think that it may be be based on previous case history and be therefor an average of the previous 12 weeks for all types of Overtime, which is what the 1 hour contract ruling for holiday pay was for Whitemoor (A member of RMC who took RM to court).

[lollollol]

Anyone know what the time-scales are with these possible claims? The Thompsons article quoted suggests that time-scales are 'very strict'.... therefore there is the possibility that people could miss out if not well-informed...

[TrueBlueTerrier]

Anyone know what the time-scales are with these possible claims? The Thompsons article quoted suggests that time-scales are 'very strict'.... therefore there is the possibility that people could miss out if not well-informed...

Await Union guidance, the tight time scale may be from when the ruling is made as you can claim back to 1998.

[korky]

should be interesting to see how RM worm their way out of this if pressed?
i must average 5 hrs p/w more over the years, and used to work the odd day or 2 of annual leave if not away to compensate in the drop in wages that week.
they'll probably offer to speed up the revision money payment still owed to sign a waiver, which loads will accept

just wondering if it got the go-ahead if it'd be worth using your own solicitor to claim,
my other half recently had a similar thing to do with equal pay, her union did the doings, took a couple of years and got nowhere near the estimated shortfall over the years,
but they did get it all tax free and didn't have to declare it even if claiming/claimed tax credits though that period, which kind of evened it out,
and must be legal as she works for the council


..........also could ex employees claim?

[lollollol]

Anyone know what the time-scales are with these possible claims? The Thompsons article quoted suggests that time-scales are 'very strict'.... therefore there is the possibility that people could miss out if not well-informed...

Await Union guidance, the tight time scale may be from when the ruling is made as you can claim back to 1998.

Hmmm... Union and guidance are not two words I'd put in the same sentence at present...

Might give Unionline a buzz... have found them useful recently as they have taken up my claim after accident at work...

Just to clarify... on the basis of what we know... if I'd regularly worked my day off for 10 years and have bought holiday up to 6 weeks would I therefore be entitled to 10 years x 6 weeks x 8 hours = 480 hours... theoretically speaking of course...

[fishtank]

That could be up to £10,000 for me. Yes please

At 4 weeks annual leave over even as long as 16 years that averages out at £156 a week in overtime payments.
In 1998 a full time OPG made around £250 before tax and insurance.
Lets not get too excited.

[fishtank]

Just to clarify... on the basis of what we know... if I'd regularly worked my day off for 10 years and have bought holiday up to 6 weeks would I therefore be entitled to 10 years x 6 weeks x 8 hours = 480 hours... theoretically speaking of course...

Purchased annual leave will not count.
Royal Mail don't pay you for additional leave, you pay them.

[lollollol]

Just to clarify... on the basis of what we know... if I'd regularly worked my day off for 10 years and have bought holiday up to 6 weeks would I therefore be entitled to 10 years x 6 weeks x 8 hours = 480 hours... theoretically speaking of course...

Purchased annual leave will not count.
Royal Mail don't pay you for additional leave, you pay them.

Removing the bought leave and rounding down to 4 weeks could you be entitled to 10 years x 4 weeks x 8 hours = 320 hours?

[fishtank]

Removing the bought leave and rounding down to 4 weeks could you be entitled to 10 years x 4 weeks x 8 hours = 320 hours?

Difficult to say, It depends on whether each individual case is settled on its own merits or the company decides to use a simple formula, records from pre-2000 are pretty non-existant and it might be down to you to prove earnings. What you can be sure of though is that businesses, not just ours are lining up to fight this so it aint over yet and most people definitely wont end up with anything near what they think they will.

[Tman]

You're forgetting that RM only keep time sheets etc for three years, so if the CWU has any clout at all it'll probably be a small lump sum paid to everyone employed over that period of time.

[lollollol]

Removing the bought leave and rounding down to 4 weeks could you be entitled to 10 years x 4 weeks x 8 hours = 320 hours?

Difficult to say, It depends on whether each individual case is settled on its own merits or the company decides to use a simple formula, records from pre-2000 are pretty non-existant and it might be down to you to prove earnings. What you can be sure of though is that businesses, not just ours are lining up to fight this so it aint over yet and most people definitely wont end up with anything near what they think they will.

Ok... cheers mate... will bring this up at WTLL tomorrow...