Paid wrong for years. How far can I claim back?

Gregster

Gregster

Gregster

Caporegime
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Hi all,

I was on ACAS website researching some info and I came across holiday entitlement pay.

ACAS states:

shift and rota workers, whose pay varies because they work their
normal hours at varying times and in varying amounts in different weeks,
have their week’s pay calculated differently. Their average weekly hours of
work, in the preceding 12 weeks, are multiplied by their average hourly
rate. The hourly rate is calculated as above and includes any shift
allowance which is payable.

Now my place of work pays us 33 days holiday PA, as we are shift workers, we also get enhancements.

The problem being, we don't get the enhancements when we get our holiday pay. Whilst I understand we have the right to claim back this money, I was hoping that somebody knows how far back we can claim?

I am a H&S Rep and will find out via my union, but this will not be till monday at the earliest, so I was hoping somebody here knows the Facts.

Thanks in advance.
 
Statute of limitation with money matters will usually be 6 years but with something related to employment it may well be different.
 
let me know how you get on, I've got the same going on with the NHS, boss said we didn't get anything but holiday pay (even when I pointed out the relevant entry in AFC)
happened to be speaking to HR person the other day, they said BS you are entitled as you said!

personally I'd point it out to the boss, maybe in a letter first, and see how it goes
 
Enhancements in my workplace are variabilty pay (I am 8 hour variable shifts) and also We get paid night rate which is 30% PH more from 19:00 - 07:00.

When we get holiday pay we only get our basic pay.

Thanks for that Rroff. That is what I came up with but employment law maybe completely different in this case.

Edit

Will do Vent. We are in the middle of paytalks at the mo so this has not been mentioned yet (don't want this to get in the way of our pay offer).
 
Last edited:
Just to give an update on this, as VeNT wanted to know also.

I spoke to the RMT solicitors (Thompsons) and they are taking the case on, as they say they should be paying us the average of our enhancements (Roster premiums) in our holiday pay. This is Law.

They have to take the average weekly wage over the last 12 weeks.

I will update again as we get more news.
 
VeNT said:
did you ever get a payment?
Click to expand...

Still ongoing (Management are holding off but know they will lose). We are claiming for an average of £4500 per man for the past 6 years.

What helps our case is British Airways pilots were paid enhancements (Flying nights etc) and the union took BA to court for also refusing to pay the pilots the correct holiday pay (the same as us) and won...BA then decided to take it to the European courts (which is harder for the Union to win) and won there also.

We have been assured by our solicitors we will not lose.
 
So all companies should be paying an average of the last 12 weeks working hours? Is that overtime as well or just standard hours (because of shifts some people work 3 days 1 week and 4 the next)?
 
I never knew this.

Having said that, if you're on a salary and paid a flat fee for your shift allowance how do you end up not being paid it when you are on leave?

I think I'm missing something...
 
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