Simple, it will not be salaried as you think it. I assume it is hourly paid.
Paid wrong for years. How far can I claim back?
- Thread starter Gregster
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Simple, it will not be salaried as you think it. I assume it is hourly paid.
Overtime is not included. Any worker regardless of contract by law should be paid the average weekly wage of the previous 12 weeks.
http://www.acas.org.uk/CHttpHandler.ashx?id=955&p=0 Page 7 states your pay entitlement according to ACAS
I also have a Butterstones book on Employment Law which iirc it is section 16 of "The working time regulations 1998" stating the law on paid holiday (Book is at work).
I have the most complicated pay structure I have ever seen anywhere. I will try to explain it but it is hard.
My salary is:
Basic 1 £xxxx
Basic 2 £xxxx
Variabilty £xxxx
Roster Premium £xxxx
Total = £xxxx
I generally work 21 days straight of 8 hour shifts and get 14 days off (Holiday is included in the 14 days off so I get no actual holiday of my choice). I get 33 days holiday per year. When I take holiday, I am only paid Basic 1 and Basic 2. No other element of pay is included...That is where my company have failed because they "by Law" have to pay me the average weekly wage for the last 12 weeks.
I hope that makes it a little clearer and may help other shift workers or even other workers who are under paid for holidays.
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Overtime is the only thing not included. Every other pay element is.
Holiday pay is generally an average of your last 12 weeks basic pay. So regardless of the week in which you take your holiday (if you work unequally shifts/days etc) you still recieve your statutory holiday entitlement of 5.6 weeks (28 days for a 5 day week) or 12.07% of your annual working time if you work irregular hours.
There are other ways of working it out, but ultimately it must give the employee his/her minimum entitlement or better over the 12 month period.
http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10034642
We spoke to the unions solicitors first (we had a previous case with accruing holiday whilst long term sick and I mentioned also about our holiday pay) and after they reviewed all the info they needed, they told us to take out a collective grievance.
Just waiting on a court date now. We presented our case to Management as a collective Grievance and this is still ongoing. They have tried several ways of getting out of it but I believe they are just stalling for time. I expect a court date within 2 weeks and I have never been more confident with anything Union related. I will let you know as soon as we have a court date and keep you informed of the Judges decision.
The BA case has only strengthened ours.
Everybody presumably has been content with their pay for the past 6 years but now there is a chance to stick it to the man, jeopardising jobs and cash flow, seizes upon it. Unions
If the company had been paying them correctly this wouldn't have been an issue - its the company's own fault.
Obviously.
Everybody presumably has been content with their pay for the past 6 years but now there is a chance to stick it to the man, jeopardising jobs and cash flow, seizes upon it. Unions
So you think it is fair that what the workers are entitled to by law isn't being paid? The company I work for makes Millions of profit every year....Saddens me to see these kind of comments without at least asking relevant questions.
Throwing a guess in there, I would say yes. Without knowing the full pay structure of yours, I wouldn't know.
I wouldn't get too sad about it, it was a pretty throw away comment. I get tired of peoples' attitudes to management/bosses/companies often spouted on here (that is not directed at you OP). It is typically a poverty of ambition that keeps people in the workers camp rather than progressing. That said, it wasn't the place for the comment and I hope you get and enjoy your windfall (and that nobody ever screws my business over on an over-looked technicality years after the fact).
My company is global and does very well. http://www.hutchison-whampoa.com/en/global/home.php If I was working for a small company where minimal profits were made, I would use the 'common sense' approach and not chase that money back. I understand your frustrations but sometimes, it is better to look into the details before making such rash comments.
You for realise this is GD? I was just having fun. I'm not frustrated.
Soldato
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