All the LTB'S and latest discussion threads on getting extra holiday payments when going on holiday for those who work above their contracted hours.For part-timers 'and' full-timers.
Subman wrote:What's the odds the CWU collective agreement presently being negotiated delivers a lump sum of approx £250 or something close to this for all of us (doesn't matter if, or how much o/t completed) to compensate for back payments owed?
Remember RM has known it should have being making these holiday payments since at least 2014.They failed to pay us for 5 years, failed to set aside money for this liability for 5 years but
paid themselves millions and millions in salaries, bonuses and golden handshakes and golden goodbyes.
Subman wrote:What's the odds the CWU collective agreement presently being negotiated delivers a lump sum of approx £250 or something close to this for all of us (doesn't matter if, or how much o/t completed) to compensate for back payments owed?
Remember RM has known it should have being making these holiday payments since at least 2014.They failed to pay us for 5 years, failed to set aside money for this liability for 5 years but
paid themselves millions and millions in salaries, bonuses and golden handshakes and golden goodbyes.
Subman wrote:What's the odds the CWU collective agreement presently being negotiated delivers a lump sum of approx £250 or something close to this for all of us (doesn't matter if, or how much o/t completed) to compensate for back payments owed?
Remember RM has known it should have being making these holiday payments since at least 2014.They failed to pay us for 5 years, failed to set aside money for this liability for 5 years but
paid themselves millions and millions in salaries, bonuses and golden handshakes and golden goodbyes.
I’d say about spot-on Subman ...
Why should anyone who never does ot be rewarded..
They shouldn’t...
It’ll be a one-size-fits-all convenient solution though ...
A phrase often banded about ..
Certainly by some at our place...
Incidentally... anyone know when we’ll get a statement on how much is in our individual current cash pension pots (RMCDBS or whatever it is known as!) .. ??
Staff in any geographical region not legally covered by the 2 year back dating limit but who could not claim because a collective agreement was in place. Imagine if your friends or neighbours were getting back dated payments for 20 years and your union agreed you could be limited to 2 years.
Nominations for biggest actual winners; are the directors and corporate management teams that failed to set up a contingency fund for this issue but still got paid hundreds of thousands of pounds and bonuses of 200% for meeting performance targets.(easier to meet targets if you don't pay staff what they are legally entitled to).
Apologies I'm a bit like a dog with a bone on this issue.
hero22 wrote:is this an issue the union can negotiate a settlement for ? I assumed if the courts say u are entitled to this then the company pays it.
Good question. As a CWU PEC candidate stated in a mailshot received today; "AVERAGE PAY ON LEAVE; You are being conned. We must ensure Royal Mail meet their legal entitlement, to pay your average wages whilst on annual leave."
They've blatantly put it aside and just earning interest on it until they have to cough up. Still doesn't answer the question as to why they haven't bothered introducing these additional average payments yet on peoples AL, I can only guess that it's not yet a legal requirement.
Posted on Jan 25th, 2019 |
Employment law
So, what should employers do now when calculating holiday pay?
Employers must now include regular overtime and regular commission payments in their holiday pay calculations, or run the risk of a successful “unlawful deduction from wages” claim against them.
From the ACAS website...
Overtime, commission and bonus
If you regularly get paid overtime, commission or bonuses, your employer must include these payments in at least 4 weeks of your paid holiday.
Some employers might include overtime, commission and bonus payments in your full 5.6 weeks' paid leave entitlement, but they do not have to. This is because judges in holiday pay cases use the EU Working Time Directive, which is 4 weeks’ leave. The UK Working Time Regulations is 5.6 weeks.
Leave that’s less than 1 full day
If you have part of a day’s leave to take, for example 0.8 of a day, your employer might:
let you leave work early or come in late one day
round it up to the nearest full day (it cannot be rounded down)
If you think your holiday pay should be different
If you think you're not getting as much paid holiday as you’re entitled to or are not sure how it's being calculated, you should talk with your employer.
You could also check your contract or written terms of employment.
Remember, if you believe your holiday pay is incorrect, you have 3 months less 1 day from the date you received the last incorrect payment to take your claim to an employment tribunal. So it’s a good idea to talk to your employer as soon as possible.