New European Ruling on Holiday Pay

[IcanthelpthewayIam]

http://www.google.co.uk/url?sa=t&rct=j& ... MOOQAmAHxw


SEE PAGE 7 OF THE ACAS PDF!

It was already compulsory for firms to pay average shift pay when calculating holiday pay. As I said, if firms were not doing this they were breaking the law anyway, and why this needed to go to the EU court I don't know....
This was the piece of the legislation I got my previous company to comply with in my letter, and their lawyers advised them to back-pay us all......

It also mentions that NON-CONTRACTUAL OT is not considered in calculation holiday pay. If this is going to change in the new ruling then yes, this IS something new!

it is the non contractual OT that is now included

Yes, that's my understanding of it, but shift/hol pay was already set in legislation. This would mean companies tracing any person on their books not paid holiday pay pro-rata to OT worked that may have left too.

i dont think its going to be a blanket refund, from what i ve read its going to be on the employee to make a claim

[IloveMYredTROLLEY!]

If I've understood this post correctly, RM would be liable for mega-bucks, imagine how such news would impact the share price if word got out to the share holders!

[wannabeek]

I don't mean any offence to the Scottish Daily Record, I'm sure it's a great publication with well-researched and accurate data, but have none of the other more mainstream media picked up on this 'news' yet?

[bustedflush]

http://www.google.co.uk/url?sa=t&rct=j& ... MOOQAmAHxw


SEE PAGE 7 OF THE ACAS PDF!

It was already compulsory for firms to pay average shift pay when calculating holiday pay. As I said, if firms were not doing this they were breaking the law anyway, and why this needed to go to the EU court I don't know....
This was the piece of the legislation I got my previous company to comply with in my letter, and their lawyers advised them to back-pay us all......

It also mentions that NON-CONTRACTUAL OT is not considered in calculation holiday pay. If this is going to change in the new ruling then yes, this IS something new!

it is the non contractual OT that is now included

Yes, that's my understanding of it, but shift/hol pay was already set in legislation. This would mean companies tracing any person on their books not paid holiday pay pro-rata to OT worked that may have left too.

i dont think its going to be a blanket refund, from what i ve read its going to be on the employee to make a claim

In the case of the local government employees and the equal pay case mentioned in the article, some councils had to employ people to trace and back-pay those affected up to 30 years back. If you overpay income tax for example, the IR usually calculates it and refunds it without your intervention. I don't see why large employers shouldn't.

[TrueBlueTerrier]

I don't mean any offence to the Scottish Daily Record, I'm sure it's a great publication with well-researched and accurate data, but have none of the other more mainstream media picked up on this 'news' yet?

Yes but they are bleating about it

Torygraph http://www.telegraph.co.uk/finance/1096 ... uling.html" onclick="window.open(this.href);return false; SMEs face crippling holiday pay claims after EU ruling

Filthy Rich Times http://www.ft.com/cms/s/0/24462468-090b ... z37vPWvTnY" onclick="window.open(this.href);return false; Manufacturers seek limit on backdated bills for holiday pay

and here is the ruling http://www.wsandb.co.uk/digital_assets/ ... ishGas.pdf" onclick="window.open(this.href);return false;

In today’s judgment, the Court points out that, during annual leave, a worker must receive his
normal remuneration. The purpose of holiday pay is to put the worker, during that period of rest, in
a situation which is, as regards his salary, comparable to periods of work.
According to British Gas, that objective was achieved since Mr Lock received, during his annual
leave, a salary including not only his basic salary, but also the commission resulting from sales
achieved during previous weeks. The Court rejects that argument. It takes the view that,
notwithstanding the remuneration received by Mr Lock during his annual leave, the financial
disadvantage which, although deferred, is nonetheless genuinely suffered by him during the period
following that leave, may deter him from exercising his right to annual leave.

[TrueBlueTerrier]

it was discussed at conference this year, that case quite clearly shows that commissions are intrinsically linked to expected pay and as such should be paid whilst on statutory a/l . however there has been a number of cases recently in the employment tribunals that have extended that to overtime, all these cases are now in the court of appeal and so once the decision has been made in that court then we should hopefully see HQ sending out advise on how to claim all the back dated overtime averages you would be due whilst on a/l.

[Darren Bent]

Think some employers will give everyone 1 grand and tell them to forget claiming it as part of agreement.

[wannabeek]

Cool. Thanks TBT, I don't think I'll tell the Mrs yet tho' - she'd only go out and start spending it already!

[albebb]

the result from the court of appeal may go the other way don't forget. hence the word hopefully in the face book quote

[albebb]

"motion 31 of the postal industries conference 2014"
for those that have a pad/pdf

[datasaint]

Why does this only apply to the Scots? They've not left the UK yet?

[TrueBlueTerrier]

Why does this only apply to the Scots? They've not left the UK yet?

It doesn't - it applies across the UK, the original article was from a Scottish based newspaper so they emphasised the Scottish element.

[fishtank]

I don't mean any offence to the Scottish Daily Record, I'm sure it's a great publication with well-researched and accurate data

No it's a steaming pile of smal-minded, parochial, bigoted horseshit. Like the Sun but without the tits and Z-list "celebrity" getting out of a car up-skirt shots.

[britwrit]

Article in the Financial Times about a week ago says it still hasn't been determined what payments are eligible for backdated pay:

The UK tribunal referred the case to the EU court, which ruled in favour of the employee. Now the case will come back to the tribunal to determine what payments Mr Lock is entitled to. The Employment Appeal Tribunal is due to consider related cases on whether overtime payments should also be included in holiday pay.

http://www.ft.com/cms/s/0/24462468-090b ... z386qghECV

[bustedflush]

I don't mean any offence to the Scottish Daily Record, I'm sure it's a great publication with well-researched and accurate data

No it's a steaming pile of smal-minded, parochial, bigoted horseshit. Like the Sun but without the tits and Z-list "celebrity" getting out of a car up-skirt shots.

So there's absolutely no reason to buy it then?