ACAS

[tansorboy]

I have submitted an early reconciliation claim to ACAS about lack of backdated average holiday pay. I need to phone them within five days. Has anyone got any advice about how I should proceed. I reckon they owe me around £500. And obviously I am not asking for union support….
Thanks.

[Kaning It]

I have submitted an early reconciliation claim to ACAS about lack of backdated average holiday pay. I need to phone them within five days. Has anyone got any advice about how I should proceed. I reckon they owe me around £500. And obviously I am not asking for union support….
Thanks.

Yes, don’t stress. ACAS will just listen to your points and go back and forth with RM over a few days/weeks to see if a deal can be made. If it can’t, the case can proceed to the full tribunal process.

If you are not exactly sure what they owe you, ask ACAS to ask RM for their figures and how they justify them. You won’t really need any particular legal arguments at this stage but you can refer them to ACAS’s own site where it clearly says overtime must be included in holiday pay. The more detailed arguments can come later, early conciliation is just negotiating with ACAS as the middle man.

https://www.acas.org.uk/checking-holida ... oliday-pay

[tansorboy]

Thanks. I meant conciliation, not reconciliation!
That will never happen.

[Boboskins]

I have submitted an early reconciliation claim to ACAS about lack of backdated average holiday pay. I need to phone them within five days. Has anyone got any advice about how I should proceed. I reckon they owe me around £500. And obviously I am not asking for union support….
Thanks.

After building my case I've now started to go through the early conciliation claim process on the ACAS website. Thing is, it's asking for how much I think I'm owed. What are the calculations on this? I saw something about divide by 24 and multiply by 2? So do I work this out on the periods I would have qualified for the pay (periods with over 48hrs OT) or is it just based on the total of all 4 periods. In my case the total extra overtime for the 4 periods would be 246.50hrs but using those calculations it works out at £20.54? Is that right?

[Kaning It]

I have submitted an early reconciliation claim to ACAS about lack of backdated average holiday pay. I need to phone them within five days. Has anyone got any advice about how I should proceed. I reckon they owe me around £500. And obviously I am not asking for union support….
Thanks.

After building my case I've now started to go through the early conciliation claim process on the ACAS website. Thing is, it's asking for how much I think I'm owed. What are the calculations on this? I saw something about divide by 24 and multiply by 2? So do I work this out on the periods I would have qualified for the pay (periods with over 48hrs OT) or is it just based on the total of all 4 periods. In my case the total extra overtime for the 4 periods would be 246.50hrs but using those calculations it works out at £20.54? Is that right?

Not quite sure I get what you are asking but if you got nothing for one of the 6 month periods, then go back 12 months from the holiday date and average out your pay over the previous 52 weeks to work out what you should have got for that holiday week(s). It’s not a problem if you get it wrong as ETs don’t expect unrepresented employees to be perfect or know their way round these things. Honest mistakes won’t matter as long as you act reasonably.

[lin1]

I’m thinking of putting a claim in but not sure if it’s worth it. Don’t know how to work out how much I’m owed and I’ll be arguing that I didn’t get anything because of annual leave. But is that an argument? The rules were over 8 hours a month. Do I have an argument if I didn’t get the 8 hours because of annual leave?

[Dexydog]

RM don't make the rules up.
It's up to a judge, using precedent, to decide if the conditions they have contrived to fiddle people out of money are fair.
Just put your claim in, it's free.
I still don't blame RM in all of this, they and the union made a deal- it suited them or they wouldn't have made it.
The union quite honestly are clueless.

[Kaning It]

I’m thinking of putting a claim in but not sure if it’s worth it. Don’t know how to work out how much I’m owed and I’ll be arguing that I didn’t get anything because of annual leave. But is that an argument? The rules were over 8 hours a month. Do I have an argument if I didn’t get the 8 hours because of annual leave?

Yes it’s an argument. Forget the 8 hour thing, that’s just what RM put in place and now agree is an “annoying “ criteria.

The law says that you should get your holiday pay based on your average earnings in the previous 12 months. So just look at the date you took the holiday and work out the average weekly pay over the previous 12 months (add it all up and divide by 52) That will give you what you should have got paid for that week (assuming it’s a week). Divide the weekly figure by 5 if your contract is a 5 day week to get the daily rate. Once you have worked out what you should have got, subtract it from what you did get (basic) and that is your claim.

The figure will be skewed a bit as there will be holiday weeks across the 12 month reference period where you got less than you should but worry about that detail later.

People could lobby the Union as there might be some detail in the deal with allows them to legitimately go back to RM and say, ‘we agreed the theory but in practice this has turned out to be very unfair on a number of employees, can we revisit this for future holiday payments?’.

[tansorboy]

Just had a letter from RM. They want to do early (re)conciliation via ACAS. which bodes well.
I may get a cash settlement after all.

Any advice going forward would be welcome,

[Dexydog]

Just had a letter from RM. They want to do early (re)conciliation via ACAS. which bodes well.
I may get a cash settlement after all.

Any advice going forward would be welcome,

That's interesting news.
Care to share the background?
Assume you have an open case?

[tansorboy]

Sure. Worked overtime every month for three years. But was short of the eight hour rule in at least one month in every six, so fell foul of the agreement and got nothing.
Annoying? Yes
Illegal? Probably
I am happy to go all the way to a tribunal but I think RM will settle before that.

[tansorboy]

Definitely worth a fight. But if others are considering it, put in a claim before the three months is up.

[Dexydog]

Sure. Worked overtime every month for three years. But was short of the eight hour rule in at least one month in every six, so fell foul of the agreement and got nothing.
Annoying? Yes
Illegal? Probably
I am happy to go all the way to a tribunal but I think RM will settle before that.

Amazed they've agreed to conciliation so soon.
There must be loads have put complaints in.
Was your case still open with ACAS?

[tansorboy]

It’s a new case. Fuelled by anger.

[Dexydog]

It’s a new case. Fuelled by anger.

I bet.
Hope you get a good outcome, keep us all posted.