New European Ruling on Holiday Pay

[morelli27]

A new ruling passed through the European Parliament states shift workers are entitled to receive the same wages they would get week in week out, even when they are on holiday which includes shift allowance, according to the report in the Daily Record this should be backdated as far back as 1998. How do we go about getting our money???

[Son Of God]

Ask DOM to take it out the petty cash :)

[TrueBlueTerrier]

A new ruling passed through the European Parliament states shift workers are entitled to receive the same wages they would get week in week out, even when they are on holiday which includes shift allowance, according to the report in the Daily Record this should be backdated as far back as 1998. How do we go about getting our money???

Merged into existing thread which has an official response from the Union. Basically keep your powder dry, the ruling still has to be ratified in UK but the Union will advise members when and how to act if/when it is ratified.

[razzz89]

I have been trying to work out the logistics of the posts here but ending up getting confused..so il ask this..
I am contracted 30 hours a week
for the past 2 years I have been on the same duty that pays 32 and a half hours(am not signed to this duty ) so 2 and a half hours of this duty is paid as overtime...
but when I am on annual leave I only get paid 30 hours because its not my own duty
does this come under the new European ruling on holiday pay if it comes into force or not please

[TrueBlueTerrier]

I have been trying to work out the logistics of the posts here but ending up getting confused..so il ask this..
I am contracted 30 hours a week
for the past 2 years I have been on the same duty that pays 32 and a half hours(am not signed to this duty ) so 2 and a half hours of this duty is paid as overtime...
but when I am on annual leave I only get paid 30 hours because its not my own duty
does this come under the new European ruling on holiday pay if it comes into force or not please

Until a ruling is made no ones knows - as suggested before keep an eye on things and await direction from the CWU.

[bustedflush]

I have been trying to work out the logistics of the posts here but ending up getting confused..so il ask this..
I am contracted 30 hours a week
for the past 2 years I have been on the same duty that pays 32 and a half hours(am not signed to this duty ) so 2 and a half hours of this duty is paid as overtime...
but when I am on annual leave I only get paid 30 hours because its not my own duty
does this come under the new European ruling on holiday pay if it comes into force or not please

Actually your case would be deemed as 'contractual' OT and should be paid due to it being a permanent feature of your work. This is irrespective of what your paper contract says - it is 'contract by practice'. The blame lies with the DIM/RM for not keeping your contract up to date. So you would be due approx. 10 weeks x 2.5 hours for those 2 years, about 250 before tax. In fact your particular case is a prima fascia one as far as this ruling goes, the ruling could have been made for YOU.
I believe the current UK working time regulations 1998 already cover you anyway, so I would see the rep and claim these holiday hours anyway irrespective of this ruling.

[albebb]

Merged into existing thread which has an official response from the Union

you mean the response from conference? or has there been anything since. I may have missed it with threads getting merged.

[albebb]

royal mail briefly mentions this in its latest report ready for the agm
Employment legislation:

Changes to laws and regulations relating to employment (including the interpretation and enforcement of those laws and regulations) could, directly or indirectly, increase the Group’s labour costs, which, given the size of the Group’s workforce, could have an adverse effect on the Group.There is emerging European case law which may provide new guidance in relation to the interpretation of the Working Time Directive, which subsequently would need to be considered by the English courts in relation to the implementation of that directive through the Working Time Regulations 1998 and UK employers’ compliance with it.

We have processes and controls to ensure that we pay all of our people correctly. If the law is changed or elements relevant to the particular circumstances of Royal Mail are reinterpreted by English courts, then we will need to adapt to these as appropriate

[bustedflush]

A new ruling passed through the European Parliament states shift workers are entitled to receive the same wages they would get week in week out, even when they are on holiday which includes shift allowance, according to the report in the Daily Record this should be backdated as far back as 1998. How do we go about getting our money???

IF you are 100% confident that the laws of1998 cover your particular case, write a letter to both the DIM and HO and quote the legislation, and provide your evidence that you have been underpaid, and formally request they reimburse you with appropriate interest. 8% is the rate ET's apply to outstanding earnings. I would say do it through your union, but if anything like our office without a proper rep most of the time I'd do it myself.

[steven100]

But here's my scenario.

Had a Part-time contract of 16 hours and was only get £8 allowance. But from August to March worked pretty much full-time. So maybe I should have been entitled to the full allowance but was only ever getting £8. So how I read if you were getting the allowance in the first place you could be entitled to extra dosh when on holiday but you weren't getting it ?????

[albebb]

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

[bustedflush]

But here's my scenario.

Had a Part-time contract of 16 hours and was only get £8 allowance. But from August to March worked pretty much full-time. So maybe I should have been entitled to the full allowance but was only ever getting £8. So how I read if you were getting the allowance in the first place you could be entitled to extra dosh when on holiday but you weren't getting it ?????

This is the moot point - I don't think any reasonable person would consider a whole 8 months of OT with a consistent weekly amount as 'irregular' or ad-hoc OT. Therefore the resultant allowance/holiday pay has been underpaid. It seems RM is rife with bad practice where contracts are concerned, things are done at a whim by the DIMs and because they don't know any better and of the potential legal consequences (like most of the posties) they are just ignored and left to perpetuate.

[steven100]

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.

[albebb]

if your on say 25hours and do 14 hours overtime you will be paid exactly the same as a default full timer including their delivery supplement. i know your wage slip may not show a new line for the extra delivery supplement but your rate of overtime pay includes the missing delivery supplement.

[IcanthelpthewayIam]

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.

It does