Average holiday pay

Sandycheeks · 6 Jul 2019 at 15:53

I've only just found out about this and wondering if I bring this up with my employer if I will be liable for backdated pay.
I've worked there for 14 years. I know this ruling only came into force in 2014.
My contract hours are 40pw but I regularly work 50+
Anyone been in a similar position?

Sandycheeks · 7 Jul 2019 at 00:51

muon said:
Would it take you below minimum wage?

Is your overtime compulsory?

It's nothing like that. I'm far from min wage. Not Gucci belt top earner though.
I just wondered the legality of it as my holiday pay is always just basic rate and not based on the hours I've worked previous.

Sandycheeks · 7 Jul 2019 at 19:55

I checked my contract and it doesn't mention average pay for holidays but does that matter?
I didn't think it was an opt in/out matter, I thought now it's law that that should override whatever was wrote before it became law.

Sandycheeks · 8 Jul 2019 at 11:34

Fine said:
You normally just get paid basic for holidays

Yes but it should be an average of the previous 12 weeks should it not?

Sandycheeks · 9 Jul 2019 at 18:00

I asked the question and was told my employer is going to speak with the accountant.
I'll report back when I find out some more...

Sandycheeks · 9 Jul 2019 at 20:57

No, the average holiday pay should include things like bonus and shift allowance etc...
It was brought about due to workers getting lower holiday pay during leave and feeling like they're being penalised for having time off.
It isn't just overtime, it should include everything.