holiday pay based on previous hours?

[new2me]

I read somewhere I'm sure that holiday pay is based on the previous 10 weeks (?) hours and not the flat rate you're contracted to?

So, if I'm on a 30 hour contract and the average hours i'd worked for the previous 10 weeks (or however many it is) is 35, would I get 35 hours pay in my holiday weeks pay?
If so, is that shown as 30 Basic Pay + 5 Weekday Overtime @ SSPR on my wageslip?

[terry2972]

I have just had a week off and got my basic 27.5hrs pay

[clashcityrocker]

If you are on a 30 hour contract then the extra 5 hours are voluntary overtime.
Your holiday pay will be 30 hours.
The case where the 10/12 week rule applied was someone on a 1 hour contract and the expectation therefore was they would be working more than 1 hour/week.

If you are consistently working over your contracted hours on your duty then your rep needs to raise it at the resourcing meeting to try and get the hours increased.
Good luck with that one.

[new2me]

Cheers clash. I didn't do any 'overtime' last week, as I was on holiday

[Surreypostie]

Somebody at my wife's place of work has had this, she is contracted to work x amount of hours, they increased her hours temporarily but not her contract. When she took leave her holiday pay was paid at her contracted rate. ACAS have said this is wrong and have taken it up. Contact them, they will give you advice and if you are being short changed they will take it up for you.

[albebb]

http://www.telegraph.co.uk/finance/news ... error.html" onclick="window.open(this.href);return false;

http://www.mishcon.com/news/briefings/s ... al_10_2013" onclick="window.open(this.href);return false;

[albebb]

Payment in respect of periods of leave

16. (1) A worker is entitled to be paid in respect of any period of annual leave to which he is entitled under regulation 13, at the rate of a week’s pay in respect of each week of leave.

(2) Sections 221 to 224 of the 1996 Act shall apply for the purpose of determining the amount of a week’s pay for the purposes of this regulation, subject to the modifications set out in paragraph (3).

(3) The provisions referred to in paragraph (2) shall apply—

(a)as if references to the employee were references to the worker;

(b)as if references to the employee’s contract of employment were references to the worker’s contract;

(c)as if the calculation date were the first day of the period of leave in question; and

(d)as if the references to sections 227 and 228 did not apply.

(4) A right to payment under paragraph (1) does not affect any right of a worker to remuneration under his contract (“contractual remuneration”).

(5) Any contractual remuneration paid to a worker in respect of a period of leave goes towards discharging any liability of the employer to make payments under this regulation in respect of that period; and, conversely, any payment of remuneration under this regulation in respect of a period goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period.

[albebb]

http://www.legislation.gov.uk/ukpga/199 ... chapter/II" onclick="window.open(this.href);return false;

[new2me]

they will give you advice and if you are being short changed

Cheers, but i've received an overtime payment for a week I was on holiday.

lots of stuff

thanks for the links

[albebb]

just for absolute clarification, you were on A/L last week but you got paid your contracted hours + an average over X weeks of o/t even whilst on holiday?
I know I just linked a load of stuff but all that is evidence towards what should happen , but i have never actually seen royal mail pay anyone anything other than their contracted hours whilst on A/L

[new2me]

just for absolute clarification, you were on A/L last week but you got paid your contracted hours + an average over X weeks of o/t even whilst on holiday?

That appears to have happened.
I'm sure id read that on the forum that it is the correct practice, but i've never had that in any previous jobs.

[fishtank]

So, if I'm on a 30 hour contract and the average hours i'd worked for the previous 10 weeks (or however many it is) is 35, would I get 35 hours pay in my holiday weeks pay?
If so, is that shown as 30 Basic Pay + 5 Weekday Overtime @ SSPR on my wageslip?

Remember that OT is paid a week in arrears so the pay you receive during a holiday week contains OT from the week before.
As for the point about ""average" wages during holidays Clash is right, It only applies in cases where your contracted hours do not in any way reflect the hours you are normally expected to work, It does not apply to someone with a 30 hour contract working 5 hours voluntary overtime.

[fishtank]

Also there was a delay in paying overtime due to payroll shutting down at Easter so it's far more likely that this 5 hrs OT was just a belated payment.

[eric the viking]

I was on a 20hr contract but working 40. When on a/l got paid 20hrs complained and got union involved changed to average earnings over 12 weeks. The postman on 1hr duty was quoted as reason why it should not just be contracted hours.

[cheshirecheese]

The link after the newspaper article shows someone winning in court about o/t on holiday. That case is Kinda like our over time system, so could we all go court to claim the holiday average o/t?