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Overtime Should Count In Holiday Pay

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http://www.bbc.co.uk/news/business-29896810

Workers have won a groundbreaking case at the Employment Appeal Tribunal to include overtime in holiday pay.

This means all people working voluntary overtime could claim for additional holiday pay. Currently, only basic pay counts when calculating holiday pay.

The details of the ruling, particularly on whether claims can be backdated, have yet to be released.

The ruling could be appealed to the Court of Appeal, meaning a final decision may be years away.

"Up until now some workers who are required to do overtime have been penalised for taking the time off they are entitled to," said Howard Beckett of Unite.

"This ruling not only secures justice for our members who were short changed, but means employers have got to get their house in order."

The ruling has widespread implications for all companies paying overtime to their staff.

I wonder if the government will be seeking that employers pay out to boost the economy?

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Causing all overtime to stop. Dead. Until this is reviewed.

To be honest, I hear of very little OT these day. This should just about kill whatever was remaining.

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My wife has basic contracted hours of 37 but she has had her hours extended and has to work Saturday morning making her working week 50 hours - all of this is classed as overtime. If you don't do these hours you will find yourself out of a job. The company is a family run business and the owners are listed in the richest 100 in th UK. She does this overtime every week and has done for the past five years. Her holiday pay should reflect the hours she works.

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Causing all overtime to stop. Dead. Until this is reviewed.

To be honest, I hear of very little OT these day. This should just about kill whatever was remaining.

Correct, this has to be one of the most stupid ideas ever.

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My wife has basic contracted hours of 37 but she has had her hours extended and has to work Saturday morning making her working week 50 hours - all of this is classed as overtime. If you don't do these hours you will find yourself out of a job. The company is a family run business and the owners are listed in the richest 100 in th UK. She does this overtime every week and has done for the past five years. Her holiday pay should reflect the hours she works.

The family run company my wife is working for gives her no lunch break, or other breaks, no health and safety VDU assessments etc. The owners then come into the office with brocheures to show the staff their new holiday home abroad.

She is only planning to work there for up to another 12 moths, but we may be able to profit from the owners greed if we act tactfully.

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Mrs Loo gets the average of her paychecks as each week is different, ie she is monthly paid and she can work the holidays to her advantage, but the wage bill is unchanged as far as the firm is concerned.

She is also given an allowance based on the sales commission she normally makes.

This ruling makes a lot of sense as people borrowing to the hilt and including their bonuses and OT wouldnt be able to afford time off.

So much for housing being cheaper than ever.

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The family run company my wife is working for gives her no lunch break, or other breaks, no health and safety VDU assessments etc. The owners then come into the office with brocheures to show the staff their new holiday home abroad.

She is only planning to work there for up to another 12 moths, but we may be able to profit from the owners greed if we act tactfully.

No lunch break for my wife either and she has had to endure being held at gunpoint all for just above minimum wage. Thankfully she is starting to realise that a job utilising her full AAT qualifications would be a better option.

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No lunch break for my wife either and she has had to endure being held at gunpoint all for just above minimum wage. Thankfully she is starting to realise that a job utilising her full AAT qualifications would be a better option.

People on minimum wage have to work hard for their money.

And if they are at all conscientious, they worry about it after too.

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Guest UK Debt Slave

It looks like a plan to deliberate restrict working hours by the back door

Crafty ba$tards

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It looks like a plan to deliberate restrict working hours by the back door

Crafty ba$tards

I would prefer a limit on hours. 40 hours is fine but when this creeps up to 50 and it's a like it or lump it situation family life starts to suffer.

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I would prefer a limit on hours. 40 hours is fine but when this creeps up to 50 and it's a like it or lump it situation family life starts to suffer.

We already have a limit on hours: the working time regulations 1998.

You cannot have require an employee to work over 48 hours per week. Employees are permitted to work hours beyond 48 voluntarily on an as-required basis, but those hours cannot normally form part of a staff roster or contract (there are a few exceptions).

Edited by ChumpusRex

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We already have a limit on hours: the working time regulations 1998.

You cannot have require an employee to work over 48 hours per week. Employees are permitted to work hours beyond 48 voluntarily on an as-required basis, but those hours cannot normally form part of a staff roster or contract (there are a few exceptions).

Even 48 hours is a long week. My wife exceeds this every week - compulsory overtime so it is not in her contracted hours. She would rather have more time to spend with our very ill three year old daughter.

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True 48 hours is a long week.

However, it is illegal for an employer to require compulsory overtime beyond 48 hours (average calculated over a suitable period).

Thanks for the info, do they take lunch off these hours? My wife has to work through and this is how I have calculated 50 hours.

Edit:

8-5 Mon-Fri

8-1 Sat

Is this legal?

Edited by OurDayWillCome

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We already have a limit on hours: the working time regulations 1998.

You cannot have require an employee to work over 48 hours per week. Employees are permitted to work hours beyond 48 voluntarily on an as-required basis, but those hours cannot normally form part of a staff roster or contract (there are a few exceptions).

Voluntary.....as in..."sign here or get the frack out, there are hundreds out there would love this job".

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If this actually happens, I should be rich beyond my wildest dreams! And we're not even in the Panto season yet.

Edited by HouseDog

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There's a linked case going through the courts (or maybe part of this one?) that bonuses should count towards holiday pay too if the employee can reasonably expect to receive them every year. Quids in for me if it passes and is backdated (8 years worth)

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We've had this argument in our household, as my wife was getting done over on holidays by the rather large catalogue store that she worked for.

She had an 8 hours contract, rotas were done 2 weeks in advance and included required overtime at that point, anywhere between 20-30 hours a week. You were not allowed to refuse any hours given to you. When it came to holidays she was only paid for the 8 hours in her contract not the average that she'd been working.

Seems a shame that they're looking to limit this though as it would be nice to take this employer to the cleaners for 5 years of holiday pay. A conservative estimate at 15 hours a week overtime, missing from 5 weeks holiday pay per year for 5 years at minimum wage .... 15 x 5 x 5 x £6.50 = £2437.50

This employer has been known to give 3 hour contracts to people and expect them to work 40 hours a week, but I am told now that things are better an the mimimum contract they give is now 10 hours.

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Overtime ban imminent

cue more zero hours contracts and magic unemployment disappearing act..just like US with obamacare.

not getting any more productive work done, just getting people off the dole queue with 30 hours employed insead of 40.

this is getting tedious.

(in all honesty though, they really ought to try this in council buildings and doctors surgeries...2 split shifts of 6.5 hours each would cover 7am-8pm mon-fri.

..or maybe 7-7 weekdays with 1/2 day saturday....)

getting do do anything with the council presently is feckin impossible after 3pm on friday.(4pm other weekdays)

Edited by oracle

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