Scheduled Attendance

[ariadne]

Work for Parcelforce.
Worked almost every weekend for the last eighteen months.
Received nothing from this agreement.
Pay statement has all Saturdays as scheduled attendance not overtime.
Should I be thinking of putting a claim in to ACAS or have I just missed out ??

[Kaning It]

Work for Parcelforce.
Worked almost every weekend for the last eighteen months.
Received nothing from this agreement.
Pay statement has all Saturdays as scheduled attendance not overtime.
Should I be thinking of putting a claim in to ACAS or have I just missed out ??

Why are the hours scheduled attendance and not overtime? Do you regularly work more hours than what is on your contract? If so, then you should get your average pay over the last 12 months for holidays but I don’t know how this all relates to Parcelforce so may be better checking with yr HR, at least to ask why its scheduled attendance and not overtime which seems to be what you think it is.

[Jack1960]

What used to be overtime for working our rest day is now paid as S/A in our office . A lot of people will lose out on the next payment if it's the same criteria.

[paulus103]

I'm in processing

I was told that SA is not included in the average pay deal as SA pay is higher and counts towards holidays.
In my place, SA only counts if within a certain period of taking leave.

Owning an SA seems to be the only good thing for an SA going forward in regard to average pay.
Rather than being given it on an ad hoc basis.

[Kaning It]

If SA is just overtime with a different name, then no reason why it shouldn’t be included but all cases will be dependent on their individual facts.

Average pay for holidays has developed over a number of years through caselaw starting with commission payments being averaged out to be included (British Gas v Lock 2016). Subsequent cases saw compulsory & voluntary overtime included. It’s designed so people don’t not take their holidays for fear of getting no (for zero hours contracts) or less money while away (which would be more like self employment than employment). The average period used to be worked out over 12 weeks but that was changed to 12 months in April 2020 (to make it fairer and not seasonal dependent).

Just because Parcel Force call overtime a different name shouldn’t mean it doesn’t count. Was the change of name to get out of paying average pay? Did it come about after the 2017 overtime ET decision or the follow up ET decision in 2019?

Sounds to me like SA is overtime in disguise and so worthy of a claim. Can’t see what you have to lose by at least checking with HR, the Union and then putting in a claim and see how it is officially justified at the ACAS Early Conciliation stage.

[yellowbelly]

From the agreement:

following discussions and
negotiations regarding the arrangements for regularly performed, non-contractual
overtime to be included in the calculation of holiday pay. The agreement does not apply
to scheduled attendance or for LGV drivers, pre-scheduled overtime, as the payment of
these on annual leave are covered in other national agreements.