Holiday Pay

[bigtoddy]

I am currently on a 25 hour contract but do a 40 hour week every week. When I take holidays I get paid 25 hours. I have been looking into this and need some advise from either uniun members/reps or anyone that can help.
On looking at the acas sit e I have found the following.
Workers with normal working hours
• If a worker’s pay does not vary with the amount of work done then a
week’s pay is the amount due for a week’s work under the worker’s
contract. Pay for non-contractual
overtime is excluded.
• If a worker’s pay varies with the
amount of work done then the
amount of a week’s pay is the
pay for the normal weekly
working hours multiplied by the
workers average hourly rate over
the preceding 12 weeks. This
may occur under a piece work,
bonus or commission system.
To calculate the average hourly
rate, only hours where the
worker was working, and the pay related to them, should be taken into
account. Overtime hours can be included although pay for these hours
should be adjusted to the normal rate. Any week in which no pay was
due, for hours worked, should be replaced by the last previous week in
which pay was received for hours worked.
Workers with no normal working hours:
• If a worker has no normal working hours then a week’s pay is the average
pay received over the preceding 12 weeks. Any week for which no pay was
due should be replaced by the last previous week for which pay was due.

Going by this I should be due more than my 25 hour a week pay. Can anyone help please.

[IcanthelpthewayIam]

Your right you are due more, now unfortunately royal mail are refusing to pay more than your contractual hours, someone will need to take them to court to force their hand but they are not going to budge on the matter until they are told to and union have shown no willingness to take them on about this matter either for some reason

[comeracing]

i know how u feel i am on a 36 hr a week contract,but becuase my duty is a balls up want for a better word,i work longer than the full timers in my office i work 40 - 44 hrs in the summer ,winter 44-56 hrs,when on hols i get 36 hrs pay,the management wont take anything of my duty and they wont put my duty up to full time,they say theres a revision coming up soon ,but ive heard it all before yawn yawn yawn for the last 10+ years actually.

[fishtank]

Pay for non-contractual
overtime is excluded.

That is the only important part.
To get round that you would need totake it to an Employment Tribunal and try to prove that your overtime was necessary to your job and that your 25hr contract did not accurately reflect the job otherwise your overtime is considered voluntary and.....excluded.
Of course the minute you start down this route you will find yourself bumped back down to 25hrs so......
Good Luck.

[Himaggen]

fishtank, do you not think that a business model which is for the majority of the year based on the necessity for employees to 'flex up', (due to a low traffic model week), is an admission that overtime is an expectation!

[fishtank]

fishtank, do you not think that a business model which is for the majority of the year based on the necessity for employees to 'flex up', (due to a low traffic model week), is an admission that overtime is an expectation!

It is...but only if you were expected/compelled to do it.
The business will argue that overtime is voluntary and you don't have to "flex up" if you don't want to.
I am not saying they are right and ET make their own judgements...but that's what they will argue.

[Himaggen]

It is...but only if you were expected/compelled to do it.
The business will argue that overtime is voluntary and you don't have to "flex up" if you don't want to.
I am not saying they are right and ET make their own judgements...but that's what they will argue.

I'd say that the Royal Mail requires overtime to be met by it's employees because that is how it has structured its entire business. I really don't think that they could have a winning argument to say that each individual within the business does not have to do it, when for the majority of the year it is a necessity that it is done.

[Lounge Lizard]

It is...but only if you were expected/compelled to do it.
The business will argue that overtime is voluntary and you don't have to "flex up" if you don't want to.
I am not saying they are right and ET make their own judgements...but that's what they will argue.

I'd say that the Royal Mail requires overtime to be met by it's employees because that is how it has structured its entire business. I really don't think that they could have a winning argument to say that each individual within the business does not have to do it, when for the majority of the year it is a necessity that it is done.

They can say that each individual within the business does not have to do overtime because they know that we always will do it.
If the CWU called an overtime ban that was supported by EVERYONE, including PART TIMERS, then we might have a chance of changing things for the better, but it would never happen.