New EU Holiday/Overtime Employment Law ruling

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Guest2

Guest2

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Under an EU Employment Law ruling which came into effect Jan 1st 2015 regular overtime will be taken into consideration when calculating employees' holiday and holiday pay entitlements.

So if you took any holiday during January then a pro-rata sum will be paid to you equating to your average overtime earnings over the preceding 3 months. For example, if you regularly earn £200/month in overtime and in January you took 2 weeks holiday then in your pay for January you'd be awarded an additional £100 as recompense for the fact that you were on holiday and therefore not available to accrue overtime hours.

This could add up quickly for those who do a lot of overtime then take a few weeks off. Personally I will have gained almost £170 for having a week off in January :D
 
Back in the day, late 80's I worked in a big warehouse. They paid your holiday pay on your average earnings.
Plus if you were the type not to take holidays you could save them up and get them paid out at Christmas time.
Oh happy days.
 
A few douche's I work with will be happy about this.

Basically they stop on for an hour a day, Friday afternoons, Saturday mornings, if they have work to do or not.

Getting paid for something for nothing is something their well versed in anyhow. There's one fruit that even takes his holidays around not missing out on overtime, takes a week off only to come back on the Friday so he can do the afternoon on doubletime/sat:/

honestly you couldn't make it up... there's such a sense of entitlement where I work it's a surprise we ain't gone broke by now. When you see the shop foreman standing talking to said douche's for 50 mins of the extra hour like I did last week, because they had naff all to do from 4 till half 5... tells you why I don't bother reporting it:/
 
lokiss said:
A few douche's I work with will be happy about this.

Basically they stop on for an hour a day, Friday afternoons, Saturday mornings, if they have work to do or not.

Getting paid for something for nothing is something their well versed in anyhow. There's one fruit that even takes his holidays around not missing out on overtime, takes a week off only to come back on the Friday so he can do the afternoon on doubletime/sat:/

honestly you couldn't make it up... there's such a sense of entitlement where I work it's a surprise we ain't gone broke by now. When you see the shop foreman standing talking to said douche's for 50 mins of the extra hour like I did last week, because they had naff all to do from 4 till half 5... tells you why I don't bother reporting it:/
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I used to work in a place exactly like that!
 
That could be interesting if it applies to me the last 3 months I averaged 15 hours overtime a week and just had a week off work paid at basic.
 
Good.

Consistently doing a few hours 'overtime' each week purely because otherwise I wouldn't get all my tasks done (and they wouldn't be happy if I just clocked out leaving half a job), yet they contract me less hours so when it comes to holiday pay they don't have to pay me so much. (Slight tin foil hat but honestly it wouldn't surprise me).
 
Not happy about this at all, at least they didn't backdate it like they were talking about at one point, would have been an admin nightmare.

Like there will be no consequences of this raise in wages, no idea what planet unions live on.
 
Glaucus said:
No link?
There was a court case last year, but no such ruling on an actual change of law.
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You raise a good point, I thought the advice was to bear it in mind right now and make changes but the government was reviewing the case. The law in question was actually the working time directive which is years old.
 
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I work for a global law firm where managers of multiple departments have been informed

I cannot find an official link though im afraid

You would only not be happy about this if you were an employer of a small company or working in finance. I bet its a nightmare sorting pay out for finance departments where many people work overtime
 
Mynight said:
What's the reasoning behind this?
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Employers taking the **** and having you contracted for 1 shift a week and the rest as overtime. It meant you didn't earn any/minimal paid AL. IMO, this should apply only to part time/zero hour contracts. It doesn't really make much sense for full time employees.
 
Tom_ed1987 said:
Has this definitely been enacted? I recall related murmurs last year but assumed it had fizzled to nothing.
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A decision was to be made by the end of January 2015.

Today was the first I knew about it so it looks like it has. Reading a couple of articles now it makes sense why it has been done.
 
If overtime is paid at a higher rate then surely, at least going forward, the employer can claim it incorporates holiday pay or, if necessary, just reduce the 'overtime' rate and then add on the 'holiday pay' separately.
 
Trifid said:
Employers taking the **** and having you contracted for 1 shift a week and the rest as overtime. It meant you didn't earn any/minimal paid AL. IMO, this should apply only to part time/zero hour contracts. It doesn't really make much sense for full time employees.
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Yeah that is fair enough in those scenarios, but full time people who have agreed to do extra for an additional higher rate of pay, well it is taking the mickey a bit for them to get retrospectively paid more on top of what they've agreed to.
 
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